2014 -- H 7610 | |
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LC004444 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2014 | |
____________ | |
A N A C T | |
RELATING TO FOOD AND DRUGS -- THE EDWARD O. HAWKINS AND THOMAS C. | |
SLATER MEDICAL MARIJUANA ACT | |
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Introduced By: Representatives Tomasso, Carnevale, Ucci, Costantino, and Phillips | |
Date Introduced: February 26, 2014 | |
Referred To: House Judiciary | |
(Attorney General) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 21-28.6 of the General Laws entitled "The Edward O. Hawkins and |
2 | Thomas C. Slater Medical Marijuana Act" is hereby amended by adding thereto the following |
3 | sections: |
4 | 21-28.6-14. Certificate for the cultivation of medical marijuana. -- (a) Any |
5 | cardholder, who is not a compassion center cardholder, must receive a cultivation certificate from |
6 | the department to cultivate marijuana. |
7 | (b) A cardholder may apply for a cultivation certificate to cultivate medical marijuana for |
8 | themselves or their patients. A cardholder may obtain no more than one cultivation certificate, |
9 | which certificate may be issued for cultivation to occur in no more than one single location, |
10 | which shall be either the cardholder’s primary residence, or other property owned by the |
11 | cardholder. Only one cultivation certificate may be issued for a given location, absent proof that |
12 | more than one cardholder currently resides at the location. Multiple cultivation certificates may |
13 | not be issued for non-residential locations. |
14 | (c) A cardholder shall provide the following in order to be considered for a cultivation |
15 | certificate: |
16 | (1) An appropriate non-refundable application fee; |
17 | (2) A description of the single indoor location that shall be used in the cultivation of |
18 | medical marijuana; |
| |
1 | (3) A written plan that ensures that the medical marijuana cultivation shall not be visible |
2 | from the street or other public areas; |
3 | (4) A description of any device or series of devices that may be used to provide security |
4 | and proof of the secure grounds; |
5 | (5) Documentation from the municipality where the single location is located that the |
6 | location and the cultivation has been inspected by the municipal building and/or zoning official |
7 | and the municipal fire department and is in compliance with any applicable state or municipal |
8 | housing and zoning codes; and |
9 | (6) A written acknowledgement of the limitations of the right to use and possess |
10 | marijuana for medical purposes in Rhode Island. |
11 | (d) Such certificate shall expire within one year of issuance. A cardholder who has been |
12 | issued a cultivation certificate shall apply for renewal of their certificate no less than thirty (30) |
13 | days prior to the expiration of the certificate by submitting a renewal application to the |
14 | department. A renewal application must include a fee and updated information as required in |
15 | subsection (c) of this section. |
16 | (e) A certificate shall expire at 11:59 p.m. on the day indicated on the certificate as the |
17 | expiration date, unless the certificate was renewed at an earlier date, suspended or revoked. |
18 | (f) The cardholder shall maintain the certificate prominently at the cultivation location |
19 | and be able to produce the certificate immediately upon request by the department or law |
20 | enforcement. |
21 | (g) Any violation of any provision of this chapter may result in the immediate revocation |
22 | of the cultivation certificate. |
23 | (h) Cardholders who have been granted a cultivation certificate shall not collectively |
24 | cultivate with any other cardholders who have been issued a cultivation certificate unless there is |
25 | evidence that they reside at the same location. |
26 | 21-28.6-15. Application fees. -- Any application fee for patient cardholders, caregiver |
27 | cardholders and cultivation certificates shall be retained by the department for adequate |
28 | regulation of this program. |
29 | SECTION 2. Sections 21-28.6-2, 21-28.6-3, 21-28.6-4, 21-28.6-6, 21-28.6-8, 21-28.6-9 |
30 | and 21-28.6-12 of the General Laws in Chapter 21-28.6 entitled "The Edward O. Hawkins and |
31 | Thomas C. Slater Medical Marijuana Act" are hereby amended to read as follows: |
32 | 21-28.6-2. Legislative findings. -- The general assembly finds and declares that: |
33 | (1) Modern medical research has discovered beneficial uses for marijuana in treating or |
34 | alleviating pain, nausea and other symptoms associated with certain debilitating medical |
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1 | conditions, as found by the National Academy of Sciences' Institute of Medicine in March 1999. |
2 | (2) According to the U.S. Sentencing Commission and the Federal Bureau of |
3 | Investigation, ninety-nine (99) out of every one hundred (100) marijuana arrests in the United |
4 | States are made under state law, rather than under federal law. Consequently, changing state law |
5 | will have the practical effect of protecting from arrest the vast majority of seriously ill people |
6 | who have a medical need to use marijuana. |
7 | (3) Although federal law currently prohibits any use of marijuana, the laws of Alaska, |
8 | California, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Vermont, and Washington |
9 | permit the medical use and cultivation of marijuana. Rhode Island joins in this effort for the |
10 | health and welfare of its citizens. |
11 | (4) States are not required to enforce federal law or prosecute people for engaging in |
12 | activities prohibited by federal law. Therefore, compliance with this chapter does not put the state |
13 | of Rhode Island in violation of federal law. |
14 | (5) State law should make a distinction between the medical and nonmedical use of |
15 | marijuana. Hence, the purpose of this chapter is to protect patients with debilitating medical |
16 | conditions, and their physicians and primary caregivers, from arrest and prosecution, criminal and |
17 | other penalties, and property forfeiture if such patients engage in the medical use of marijuana. |
18 | (6) The general assembly enacts this chapter pursuant to its police power to enact |
19 | legislation for the protection of the health of its citizens, as reserved to the state in the Tenth |
20 | Amendment of the United States Constitution. |
21 | (7) It is in the state's interests of public safety, public welfare and the integrity of the |
22 | medical marijuana program to ensure that the possession and cultivation of marijuana for the sole |
23 | purpose of medical use for alleviating symptoms caused by debilitating medical conditions is |
24 | adequately regulated. |
25 | 21-28.6-3. Definitions. -- For the purposes of this chapter: |
26 | (1) "Cardholder" means a qualifying patient, or a primary caregiver, or a principal |
27 | officer, board member, employee, volunteer, or agent of a compassion center who has registered |
28 | with the department and has been issued and possesses a valid registry identification card. |
29 | (2)(i) "Compassion center" means a not-for-profit corporation subject to the provisions |
30 | of chapter 7-6, and registered under section 21-28.6-12 that acquires, possesses, cultivates, |
31 | manufactures, delivers, transfers, transports, supplies or dispenses marijuana, and/or related |
32 | supplies and educational materials, to registered qualifying patients patient cardholders and/or |
33 | their registered primary caregivers caregiver cardholder who have designated it as one of their |
34 | primary caregivers. |
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1 | (ii) "Compassion center cardholder" means a principal officer, board member, employee, |
2 | volunteer, or agent of a compassion center who has registered with the department and has been |
3 | issued and possesses a valid registry identification card. |
4 | (3) "Cultivation certificate" means a certificate issued by the department that allows that |
5 | cardholder to cultivate medical marijuana pursuant to this chapter. |
6 | (3)(4) "Debilitating medical condition" means: |
7 | (i) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired |
8 | immune deficiency syndrome, Hepatitis C, or the treatment of these conditions; |
9 | (ii) A chronic or debilitating disease or medical condition or its treatment that produces |
10 | one or more of the following: cachexia or wasting syndrome; severe, debilitating, chronic pain; |
11 | severe nausea; seizures, including but not limited to, those characteristic of epilepsy; or severe |
12 | and persistent muscle spasms, including but not limited to, those characteristic of multiple |
13 | sclerosis or Crohn's disease; or agitation of Alzheimer's Disease; or |
14 | (iii) Any other medical condition or its treatment approved by the department, as |
15 | provided for in section 21-28.6-5. |
16 | (4)(5) "Department" means the Rhode Island department of health or its successor |
17 | agency. |
18 | (5)(6) "Marijuana" has the meaning given that term in section 21-28-1.02(26). |
19 | (6)(7) "Mature marijuana plant" means a marijuana plant which has flowers or buds that |
20 | are readily observable by an unaided visual examination. |
21 | (7)(8) "Medical use" means the acquisition, possession, cultivation, manufacture, use, |
22 | delivery, transfer, or transportation of marijuana or paraphernalia relating to the consumption of |
23 | marijuana to alleviate a registered qualifying patient's patient cardholder's debilitating medical |
24 | condition or symptoms associated with the medical condition. |
25 | (8)(9) "Practitioner" means a person who is licensed with authority to prescribe drugs |
26 | pursuant to chapter 37 of title 5 or a physician licensed with authority to prescribe drugs in |
27 | Massachusetts or Connecticut. |
28 | (9)(10) "Primary caregiver" means either a natural person who is at least twenty-one (21) |
29 | years old or a compassion center. A natural person primary caregiver may assist no more than |
30 | five (5) qualifying patients with their medical use of marijuana. |
31 | (10)(11) "Qualifying patient" means a person who has been diagnosed by a practitioner |
32 | as having a debilitating medical condition and is a resident of Rhode Island. |
33 | (11)(12) "Registry identification card" means a document issued by the department that |
34 | identifies a person as a registered qualifying patient, a registered primary caregiver, or a |
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1 | registered principal officer, board member, employee, volunteer, or agent of a compassion center. |
2 | (12)(13) "Seedling" means a marijuana plant with no observable flowers or buds. |
3 | (13)(14) "Unusable marijuana" means marijuana seeds, stalks, seedlings, and unusable |
4 | roots. |
5 | (14)(15) "Usable marijuana" means the dried leaves and flowers of the marijuana plant, |
6 | and any mixture or preparation thereof, including freshly harvested wet marijuana, but does not |
7 | include the seeds, stalks, and roots of the plant. |
8 | (15)(16) "Written certification" means the qualifying patient's medical records, and a |
9 | statement signed by a practitioner, stating that in the practitioner's professional opinion the |
10 | potential benefits of the medical use of marijuana would likely outweigh the health risks for the |
11 | qualifying patient. A written certification shall be made only in the course of a bona fide |
12 | practitioner-patient relationship after the practitioner has completed a full assessment of the |
13 | qualifying patient's medical history. The written certification shall specify the qualifying patient's |
14 | debilitating medical condition or conditions. |
15 | 21-28.6-4. Protections for the medical use of marijuana. -- (a) A qualifying patient |
16 | cardholder who has in his or her possession a registry identification card shall not be subject to |
17 | arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not |
18 | limited to, civil penalty or disciplinary action by a business or occupational or professional |
19 | licensing board or bureau, for the medical use of marijuana; provided, that the qualifying patient |
20 | cardholder possesses an amount of marijuana that does not exceed twelve (12) mature marijuana |
21 | plants and two and one-half (2.5) ounces five (5) ounces of usable marijuana. If the patient |
22 | cardholder has been issued a cultivation certificate as provided in § 21-28.6-14, the patient |
23 | cardholder may possess up to three (3) mature marijuana plants. Said plants shall be stored in an |
24 | indoor facility. |
25 | (b) A registered qualifying patient cardholder, who has in his or her possession a registry |
26 | identification card, shall not be subject to arrest, prosecution, or penalty in any manner, or denied |
27 | any right or privilege, including but not limited to, civil penalty or disciplinary action by a |
28 | business or occupational or professional licensing board or bureau, for selling, giving, or |
29 | distributing marijuana of the type and in an amount not to exceed that set forth in subsection (a) |
30 | above, that he or she has cultivated or manufactured pursuant to this chapter, to a registered |
31 | compassion center cardholder. |
32 | (c) No school, employer or landlord may refuse to enroll, employ or lease to or otherwise |
33 | penalize a person solely for his or her status as a cardholder. Provided, however, due to the safety |
34 | and welfare concern for other tenants, the property, and the public, as a whole, a landlord may |
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1 | have the discretion not to lease or continue to lease to a cardholder who cultivates marijuana in |
2 | the leased premises. |
3 | (d) A primary caregiver cardholder, who has in his or her possession, a registry |
4 | identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied |
5 | any right or privilege, including but not limited to, civil penalty or disciplinary action by a |
6 | business or occupational or professional licensing board or bureau, for assisting a qualifying |
7 | patient cardholder to whom he or she is connected through the department's registration process |
8 | with the medical use of marijuana; provided, that the primary caregiver cardholder possesses an |
9 | amount of marijuana which does not exceed twelve (12) mature marijuana plants and two and |
10 | one-half (2.5) ounces five (5) ounces of usable marijuana for each qualifying patient cardholder |
11 | to whom he or she is connected through the department's registration process. If the primary |
12 | caregiver cardholder has been issued a cultivation certificate as provided in § 21-28.6-14, they |
13 | may possess up to three (3) mature marijuana plants for each patient cardholder to whom he or |
14 | she is connected through the department's registration process, subject to the possession limits in |
15 | § 21-28.6-4(n). |
16 | (e) Registered primary caregivers and registered qualifying patients A cardholder shall |
17 | be allowed to possess a reasonable amount of unusable marijuana, including up to twelve (12) |
18 | three (3) seedlings, if the cardholder has been issued a cultivation certificate as provided in § 21- |
19 | 28.6-14, which shall not be counted toward the limits in this section. |
20 | (f) There shall exist a presumption that a qualifying patient or primary caregiver |
21 | cardholder is engaged in the medical use of marijuana if the qualifying patient or primary |
22 | caregiver cardholder: |
23 | (1) Is in possession of a registry identification card; and |
24 | (2) Is in possession of an amount of marijuana that does not exceed the amount permitted |
25 | under this chapter. Such presumption may be rebutted by evidence that conduct related to |
26 | marijuana was not for the purpose of alleviating the qualifying patient's debilitating medical |
27 | condition or symptoms associated with the medical condition. |
28 | (g) A primary caregiver cardholder may receive reimbursement for costs associated with |
29 | assisting a registered qualifying patient's patient cardholder's medical use of marijuana. |
30 | Compensation shall not constitute sale of controlled substances. |
31 | (h) A natural person registered as a primary caregiver cardholder who has in his or her |
32 | possession a registry identification card shall not be subject to arrest, prosecution, or penalty in |
33 | any manner, or denied any right or privilege, including, but not limited to, civil penalty or |
34 | disciplinary action by a business or occupational or professional licensing board or bureau, for |
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1 | selling, giving, or distributing marijuana, of the type and in an amount not to exceed that set forth |
2 | in subsection (d) above, to a registered compassion center cardholder if: |
3 | (1) The registered natural person primary caregiver cardholder cultivated the marijuana |
4 | pursuant to this chapter, not to exceed the limits of paragraph (d) above; and |
5 | (2) Each qualified patient cardholder the caregiver cardholder is connected with through |
6 | the department's registration process has been provided an adequate amount of the marijuana to |
7 | meet his or her medical needs, not to exceed the limits of subsection (a) above. |
8 | (i) A practitioner shall not be subject to arrest, prosecution, or penalty in any manner, or |
9 | denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by |
10 | the Rhode Island Board of Medical Licensure and Discipline or by any other business or |
11 | occupational or professional licensing board or bureau solely for providing written certifications |
12 | or for otherwise stating that, in the practitioner's professional opinion, the potential benefits of the |
13 | medical marijuana would likely outweigh the health risks for a patient. |
14 | (j) Any interest in or right to property that is possessed, owned, or used in connection |
15 | with the medical use of marijuana, or acts incidental to such use, shall not be forfeited. |
16 | (k) No person shall be subject to arrest or prosecution for constructive possession, |
17 | conspiracy, aiding and abetting, being an accessory, or any other offense for simply being in the |
18 | presence or vicinity of the medical use of marijuana as permitted under this chapter or for |
19 | assisting a registered qualifying patient cardholder with using or administering marijuana. |
20 | (l) A practitioner nurse or pharmacist shall not be subject to arrest, prosecution or |
21 | penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty |
22 | or disciplinary action by a business or occupational or professional licensing board or bureau |
23 | solely for discussing the benefits or health risks of medical marijuana or its interaction with other |
24 | substances with a patient. |
25 | (m) A registry identification card, or its equivalent, issued under the laws of another |
26 | state, U.S. territory, or the District of Columbia to permit the medical use of marijuana by a |
27 | patient with a debilitating medical condition, or to permit a person to assist with the medical use |
28 | of marijuana by a patient with a debilitating medical condition, shall have the same force and |
29 | effect as a registry identification card issued by the department. |
30 | (n) Notwithstanding the provisions of subsection 21-28.6-4(d) or subsection 21-28.6- |
31 | 4(e), no primary caregiver cardholder other than a compassion center shall possess an amount of |
32 | marijuana in excess of twenty-four (24) marijuana plants and five (5) ounces ten (10) ounces of |
33 | usable marijuana for qualifying patients patient cardholders to whom he or she is connected |
34 | through the department's registration process. If the primary caregiver cardholder has been issued |
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1 | a cultivation certificate as provided in § 21-28.6-14, they may possess no more than up to six (6) |
2 | mature marijuana plants, for patient cardholders to whom he or she is connected through the |
3 | department’s registration process. |
4 | (o) A registered qualifying patient or registered primary caregiver cardholder may give |
5 | marijuana to another registered qualifying patient or registered primary caregiver cardholder to |
6 | whom they are not connected by the department's registration process, provided that no |
7 | consideration is paid for the marijuana, and that the recipient does not exceed the limits specified |
8 | in section 21-28.6-4. |
9 | (p) For the purposes of medical care, including organ transplants, a registered qualifying |
10 | patient's patient cardholder's authorized use of marijuana shall be considered the equivalent of the |
11 | authorized use of any other medication used at the direction of a physician, and shall not |
12 | constitute the use of an illicit substance. |
13 | 21-28.6-6. Administration of regulations. -- (a) The department shall issue registry |
14 | identification cards to qualifying patients who submit the following, in accordance with the |
15 | department's regulations: |
16 | (1) Written certification as defined in section 21-28.6-3(14) § 21-28.6-3(16) of this |
17 | chapter; |
18 | (2) Application or renewal fee; |
19 | (3) Name, address, and date of birth of the qualifying patient; provided, however, that if |
20 | the patient is homeless, no address is required; |
21 | (4) Name, address, and telephone number of the qualifying patient's practitioner; and |
22 | (5) Name, address, and date of birth of each primary caregiver of the qualifying patient, |
23 | if any. |
24 | (b) The department shall not issue a registry identification card to a qualifying patient |
25 | under the age of eighteen (18) unless: |
26 | (1) The qualifying patient's practitioner has explained the potential risks and benefits of |
27 | the medical use of marijuana to the qualifying patient and to a parent, guardian or person having |
28 | legal custody of the qualifying patient; and |
29 | (2) A parent, guardian or person having legal custody consents in writing to: |
30 | (i) Allow the qualifying patient's medical use of marijuana; |
31 | (ii) Serve as one of the qualifying patient's primary caregivers; and |
32 | (iii) Control the acquisition of the marijuana, the dosage, and the frequency of the |
33 | medical use of marijuana by the qualifying patient. |
34 | (c) The department shall verify the information contained in an application or renewal |
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1 | submitted pursuant to this section, and shall approve or deny an application or renewal within |
2 | fifteen (15) days of receiving it. The department may deny an application or renewal only if the |
3 | applicant did not provide the information required pursuant to this section, or if the department |
4 | determines that the information provided was falsified. Rejection of an application or renewal is |
5 | considered a final department action, subject to judicial review. Jurisdiction and venue for |
6 | judicial review are vested in the superior court. |
7 | (d) The department shall issue a registry identification card to each primary caregiver, if |
8 | any, who is named in a qualifying patient's approved application, up to a maximum of two (2) |
9 | primary caregivers per qualifying patient. A person may not serve as a primary caregiver if he or |
10 | she has a felony drug conviction, unless the department waives this restriction in respect to a |
11 | specific individual at the department's discretion. Additionally, the department shall allow the |
12 | person to serve as a primary caregiver if the department determines that the offense was for |
13 | conduct that occurred prior to the enactment of the Edward O. Hawkins and Thomas C. Slater |
14 | Medical Marijuana Act or that was prosecuted by an authority other than the state of Rhode |
15 | Island and for which the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act |
16 | would otherwise have prevented a conviction. |
17 | (1) The primary caregiver applicant shall apply to the bureau of criminal identification of |
18 | the department of attorney general, state police or local police department for a national criminal |
19 | records check that shall include fingerprints submitted to the Federal Bureau of Investigation. |
20 | Upon the discovery of any disqualifying information as defined in § 21-28.6-6(d)(4), and in |
21 | accordance with the rules promulgated by the director, the bureau of criminal identification of the |
22 | department of attorney general, state police or the local police department shall inform the |
23 | applicant, in writing, of the nature of the disqualifying information; and, without disclosing the |
24 | nature of the disqualifying information, shall notify the department, in writing, that disqualifying |
25 | information has been discovered. |
26 | (2) In those situations in which no disqualifying information has been found, the bureau |
27 | of criminal identification of the department of attorney general, state police or the local police |
28 | shall inform the applicant and the department, in writing, of this fact. |
29 | (3) The department shall maintain on file evidence that a criminal records check has been |
30 | initiated on all applicants seeking a primary caregiver registry identification card and the results |
31 | of the checks. |
32 | (4) Information produced by a criminal records check pertaining to a conviction for any |
33 | felony offense under chapter 21-28 ("Rhode Island Controlled Substances Act") or a similar |
34 | offense from any other jurisdiction shall result in a letter to the applicant and the department |
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1 | disqualifying the applicant. If disqualifying information has been found, the department may use |
2 | their discretion to issue a primary caregiver card if the applicant’s connected patient is an |
3 | immediate family member and the card is restricted to that patient only. |
4 | (5) The primary caregiver applicant shall be responsible for any expense associated with |
5 | the national criminal records check. |
6 | (6) For purposes of this section "conviction" means, in addition to judgments of |
7 | conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances |
8 | where the defendant has entered a plea of nolo contendere and has received a sentence of |
9 | probation and those instances where a defendant has entered into a deferred sentence agreement |
10 | with the attorney general. |
11 | (e) The department shall issue registry identification cards within five (5) days of |
12 | approving an application or renewal, which shall expire two (2) years after the date of issuance. |
13 | Registry identification cards shall contain: |
14 | (1) The date of issuance and expiration date of the registry identification card; |
15 | (2) A random registry identification number; and |
16 | (3) A photograph; and |
17 | (4) Any additional information as required by regulation or the department. |
18 | (f) Persons issued registry identification cards shall be subject to the following: |
19 | (1) A qualifying patient who has been issued a registry identification card patient |
20 | cardholder shall notify the department of any change in the qualifying patient's patient |
21 | cardholder's name, address, or primary caregiver; or if the qualifying patient he or she ceases to |
22 | have his or her debilitating medical condition, within ten (10) days of such change. |
23 | (2) A registered qualifying patient cardholder who fails to notify the department of any |
24 | of these changes is responsible for a civil infraction, punishable by a fine of no more than one |
25 | hundred fifty dollars ($150). If the person patient cardholder has ceased to suffer from a |
26 | debilitating medical condition, the card shall be deemed null and void and the person shall be |
27 | liable for any other penalties that may apply to the person's nonmedical use of marijuana. |
28 | (3) A registered primary caregiver, principal officer, board member, employee, |
29 | volunteer, or agent of a compassion center caregiver cardholder or compassion center cardholder |
30 | shall notify the department of any change in his or her name or address within ten (10) days of |
31 | such change. A primary caregiver, principal officer, board member, employee, volunteer, or agent |
32 | of a compassion center caregiver cardholder or compassion center cardholder who fails to notify |
33 | the department of any of these changes is responsible for a civil infraction, punishable by a fine of |
34 | no more than one hundred fifty dollars ($150). |
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1 | (4) When a qualifying patient cardholder or primary caregiver cardholder notifies the |
2 | department of any changes listed in this subsection, the department shall issue the registered |
3 | qualifying patient cardholder and each primary caregiver cardholder a new registry identification |
4 | card within ten (10) days of receiving the updated information and a ten dollar ($10.00) fee. |
5 | When a principal officer, board member, employee, volunteer, or agent of a compassion center |
6 | cardholder notifies the department of any changes listed in this subsection, the department shall |
7 | issue the cardholder a new registry identification card within ten (10) days of receiving the |
8 | updated information and a ten dollar ($10.00) fee. |
9 | (5) When a qualifying patient who possesses a registry identification card patient |
10 | cardholder changes his or her primary caregiver, the department shall notify the primary caregiver |
11 | cardholder within ten (10) days. The primary caregiver's caregiver cardholder's protections as |
12 | provided in this chapter as to that patient shall expire ten (10) days after notification by the |
13 | department. If the primary caregiver cardholder is connected to no other patient cardholders in the |
14 | program, he or she must return his or her registry identification card to the department. |
15 | (6) If a cardholder loses his or her registry identification card, he or she shall notify the |
16 | department and submit a ten dollar ($10.00) fee within ten (10) days of losing the card. Within |
17 | five (5) days, the department shall issue a new registry identification card with new random |
18 | identification number. |
19 | (7) If a cardholder willfully violates any provision of this chapter as determined by the |
20 | department, his or her registry identification card may be revoked. |
21 | (g) Possession of, or application for, a registry identification card shall not constitute |
22 | probable cause or reasonable suspicion, nor shall it be used to support the search of the person or |
23 | property of the person possessing or applying for the registry identification card, or otherwise |
24 | subject the person or property of the person to inspection by any governmental agency. |
25 | (h)(1) Applications and supporting information submitted by qualifying patients, |
26 | including information regarding their primary caregivers and practitioners, are confidential and |
27 | protected under the federal Health Insurance Portability and Accountability Act of 1996, and shall |
28 | be exempt from the provisions of the RIGL chapter 38-2 et seq. the Rhode Island access to public |
29 | records act and not subject to disclosure, except to authorized employees of the department as |
30 | necessary to perform official duties of the department and pursuant to subsection (i) of this |
31 | section. |
32 | (2) The application for qualifying patient's registry identification card shall include a |
33 | question asking whether the patient would like the department to notify him or her of any clinical |
34 | studies about marijuana's risk or efficacy. The department shall inform those patients who answer |
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1 | in the affirmative of any such studies it is notified of, that will be conducted in Rhode Island. The |
2 | department may also notify those patients of medical studies conducted outside of Rhode Island. |
3 | (3) The department shall maintain a confidential list of the persons to whom the |
4 | department has issued registry identification cards. Individual names and other identifying |
5 | information on the list shall be confidential, exempt from the provisions of Rhode Island Access |
6 | to Public Information, chapter 2 of title 38, and not subject to disclosure, except to authorized |
7 | employees of the department as necessary to perform official duties of the department. |
8 | (i) Notwithstanding subsection (h) of this section, the The department shall verify to law |
9 | enforcement personnel whether a registry identification card is valid solely by confirming the |
10 | random registry identification number maintain a twenty four (24) hour automated verification |
11 | system for law enforcement personnel to verify the validity of a cardholder by confirming a |
12 | random registry number or name and the street address of the location granted a cultivation |
13 | certificate under § 21-28.6-14. |
14 | (j) It shall be a crime, punishable by up to one hundred eighty (180) days in jail and a |
15 | one thousand dollar ($1,000) fine, for any person, including an employee or official of the |
16 | department or another state agency or local government, to breach the confidentiality of |
17 | information obtained pursuant to this chapter. Notwithstanding this provision, the department |
18 | employees may notify law enforcement about falsified or fraudulent information submitted to the |
19 | department. |
20 | (k) On or before January 1 of each odd numbered year, the department shall report to the |
21 | House Committee on Health, Education and Welfare and to the Senate Committee on Health and |
22 | Human Services on the use of marijuana for symptom relief. The report shall provide: |
23 | (1) The number of applications for registry identification cards, the number of qualifying |
24 | patients and primary caregivers approved, the nature of the debilitating medical conditions of the |
25 | qualifying patients, the number of registry identification cards revoked, and the number of |
26 | practitioners providing written certification for qualifying patients; |
27 | (2) An evaluation of the costs permitting the use of marijuana for symptom relief, |
28 | including any costs to law enforcement agencies and costs of any litigation; |
29 | (3) Statistics regarding the number of marijuana-related prosecutions against registered |
30 | patients and caregivers, and an analysis of the facts underlying those prosecutions; |
31 | (4) Statistics regarding the number of prosecutions against physicians for violations of |
32 | this chapter; and |
33 | (5) Whether the United States Food and Drug Administration has altered its position |
34 | regarding the use of marijuana for medical purposes or has approved alternative delivery systems |
| LC004444 - Page 12 of 24 |
1 | for marijuana. |
2 | 21-28.6-8. Affirmative defense and dismissal. -- (a) Except as provided in section 21- |
3 | 28.6-7, a person qualifying patient and a person's primary caregiver, if any, may assert the |
4 | medical purpose for using marijuana as a defense to any prosecution involving marijuana, and |
5 | such defense shall be presumed valid where the evidence shows that: |
6 | (1) The qualifying patient's practitioner has stated that, in the practitioner's professional |
7 | opinion, after having completed a full assessment of the person's medical history and current |
8 | medical condition made in the course of a bona fide practitioner-patient relationship, the potential |
9 | benefits of using marijuana for medical purposes would likely outweigh the health risks for the |
10 | qualifying patient; and |
11 | (2) The person qualifying patient and the person's primary caregiver, if any, were |
12 | collectively was in possession of a quantity of marijuana that was not more than what is permitted |
13 | under this chapter to ensure the uninterrupted availability of marijuana for the purpose of |
14 | alleviating the person's medical condition or symptoms associated with the medical condition. |
15 | (b) A person may assert the medical purpose for using marijuana in a motion to dismiss, |
16 | and the charges shall be dismissed following an evidentiary hearing where the defendant shows |
17 | the elements listed in subsection (a) of this section. |
18 | (c) Any interest in or right to property that was possessed, owned, or used in connection |
19 | with a person's qualifying patient's use of marijuana for medical purposes shall not be forfeited if |
20 | the person qualifying patient or the person's primary caregiver demonstrates the person's |
21 | qualifying patient's medical purpose for using marijuana pursuant to this section. |
22 | 21-28.6-9. Enforcement. -- (a) If the department fails to adopt regulations to implement |
23 | this chapter within one hundred twenty (120) days of the effective date of this act, a qualifying |
24 | patient may commence an action in a court of competent jurisdiction to compel the department to |
25 | perform the actions mandated pursuant to the provisions of this chapter. |
26 | (b) If the department fails to issue a valid registry identification card in response to a |
27 | valid application submitted pursuant to this chapter within thirty-five (35) days of its submission, |
28 | the registry identification card shall be deemed granted and a copy of the registry identification |
29 | application shall be deemed valid registry identification card. |
30 | (c) The department shall revoke and shall not reissue the registry identification card of |
31 | any cardholder who is convicted of, placed on probation, whose case is filed pursuant to § 12-10- |
32 | 12 where the defendant pleads nolo contendere or whose case is deferred pursuant to § 12-19-19 |
33 | where the defendant pleads nolo contendere for any felony offense under chapter 21-28 ("Rhode |
34 | Island Controlled Substances Act") or a similar offense from any other jurisdiction. |
| LC004444 - Page 13 of 24 |
1 | (d) If a cardholder exceeds the possessions limits set forth in § 21-28.6-4 or cultivates |
2 | marijuana without a cultivation certificate, he or she shall be subject to arrest and prosecution |
3 | under chapter 21-28 ("Rhode Island Controlled Substances Act". |
4 | 21-28.6-12. Compassion centers. -- (a) A compassion center registered under this |
5 | section may acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, or |
6 | dispense marijuana, or related supplies and educational materials, to registered qualifying patients |
7 | and their registered primary caregivers who have designated it as one of their primary caregivers. |
8 | A compassion center is a primary caregiver. Except as specifically provided to the contrary, all |
9 | provisions of the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act, sections 21- |
10 | 28.6-1 -- 21-28.6-11, apply to a compassion center unless they conflict with a provision contained |
11 | in section 21-28.6-12. |
12 | (b) Registration of compassion centers--department authority: |
13 | (1) Not later than ninety (90) days after the effective date of this chapter, the department |
14 | shall promulgate regulations governing the manner in which it shall consider applications for |
15 | registration certificates for compassion centers, including regulations governing: |
16 | (i) The form and content of registration and renewal applications; |
17 | (ii) Minimum oversight requirements for compassion centers; |
18 | (iii) Minimum record-keeping requirements for compassion centers; |
19 | (iv) Minimum security requirements for compassion centers; and |
20 | (v) Procedures for suspending, revoking or terminating the registration of compassion |
21 | centers that violate the provisions of this section or the regulations promulgated pursuant to this |
22 | subsection. |
23 | (2) Within ninety (90) days of the effective date of this chapter, the department shall |
24 | begin accepting applications for the operation of a single compassion center. |
25 | (3) Within one hundred fifty (150) days of the effective date of this chapter, the |
26 | department shall provide for at least one public hearing on the granting of an application to a |
27 | single compassion center. |
28 | (4) Within one hundred ninety (190) days of the effective date of this chapter, the |
29 | department shall grant a single registration certificate to a single compassion center, providing at |
30 | least one applicant has applied who meets the requirements of this chapter. |
31 | (5) If at any time after fifteen (15) months after the effective date of this chapter, there is |
32 | no operational compassion center in Rhode Island, the department shall accept applications, |
33 | provide for input from the public, and issue a registration certificate for a compassion center if a |
34 | qualified applicant exists. |
| LC004444 - Page 14 of 24 |
1 | (6) Within two (2) years of the effective date of this chapter, the department shall begin |
2 | accepting applications to provide registration certificates for two (2) additional compassion |
3 | centers. The department shall solicit input from the public, and issue registration certificates if |
4 | qualified applicants exist. |
5 | (7) Any time a compassion center registration certificate is revoked, is relinquished, or |
6 | expires, the department shall accept applications for a new compassion center. |
7 | (8) If at any time after three (3) years after the effective date of this chapter, fewer than |
8 | three (3) compassion centers are holding valid registration certificates in Rhode Island, the |
9 | department shall accept applications for a new compassion center. No more than three (3) |
10 | compassion centers may hold valid registration certificates at one time. |
11 | (9) Any compassion center application selected for approval by the department prior to |
12 | January 1, 2012, shall remain in full force and effect, notwithstanding any provisions of this |
13 | chapter to the contrary, and shall be subject to state law adopted herein and rules and regulations |
14 | adopted by the department subsequent to passage of this legislation. |
15 | (c) Compassion center and agent applications and registration: |
16 | (1) Each application for a compassion center shall include: |
17 | (i) A non-refundable application fee paid to the department in the amount of two |
18 | hundred fifty dollars ($250); |
19 | (ii) The proposed legal name and proposed articles of incorporation of the compassion |
20 | center; |
21 | (iii) The proposed physical address of the compassion center, if a precise address has |
22 | been determined, or, if not, the general location where it would be located. This may include a |
23 | second location for the cultivation of medical marijuana; |
24 | (iv) A description of the enclosed, locked facility that would be used in the cultivation of |
25 | marijuana; |
26 | (v) The name, address, and date of birth of each principal officer and board member of |
27 | the compassion center; |
28 | (vi) Proposed security and safety measures which shall include at least one security |
29 | alarm system for each location, planned measures to deter and prevent the unauthorized entrance |
30 | into areas containing marijuana and the theft of marijuana, as well as a draft employee instruction |
31 | manual including security policies, safety and security procedures, personal safety and crime |
32 | prevention techniques; and |
33 | (vii) Proposed procedures to ensure accurate record keeping; |
34 | (2) Any time one or more compassion center registration applications are being |
| LC004444 - Page 15 of 24 |
1 | considered, the department shall also allow for comment by the public and shall solicit input from |
2 | registered qualifying patients, registered primary caregivers; and the towns or cities where the |
3 | applicants would be located; |
4 | (3) Each time a compassion center certificate is granted, the decision shall be based upon |
5 | the overall health needs of qualified patients and the safety of the public, including, but not |
6 | limited to, the following factors: |
7 | (i) Convenience to patients from throughout the state of Rhode Island to the compassion |
8 | centers if the applicant were approved; |
9 | (ii) The applicants' ability to provide a steady supply to the registered qualifying patients |
10 | in the state; |
11 | (iii) The applicants' experience running a non-profit or business; |
12 | (iv) The interests of qualifying patients regarding which applicant be granted a |
13 | registration certificate; |
14 | (v) The interests of the city or town where the dispensary would be located; |
15 | (vi) The sufficiency of the applicant's plans for record keeping and security, which |
16 | records shall be considered confidential health care information under Rhode Island law and are |
17 | intended to be deemed protected health care information for purposes of the Federal Health |
18 | Insurance Portability and Accountability Act of 1996, as amended; and |
19 | (vii) The sufficiency of the applicant's plans for safety and security, including proposed |
20 | location, security devices employed, and staffing; |
21 | (4) After a compassion center is approved, but before it begins operations, it shall submit |
22 | the following to the department: |
23 | (i) A fee paid to the department in the amount of five thousand dollars ($5,000); |
24 | (ii) The legal name and articles of incorporation of the compassion center; |
25 | (iii) The physical address of the compassion center; this may include a second address |
26 | for the secure cultivation of marijuana; |
27 | (iv) The name, address, and date of birth of each principal officer and board member of |
28 | the compassion center; |
29 | (v) The name, address, and date of birth of any person who will be an agent of, employee |
30 | or volunteer of the compassion center at its inception; |
31 | (5) The department shall track the number of registered qualifying patients who |
32 | designate each compassion center as a primary caregiver, and issue a written statement to the |
33 | compassion center of the number of qualifying patients who have designated the compassion |
34 | center to serve as a primary caregiver for them. This statement shall be updated each time a new |
| LC004444 - Page 16 of 24 |
1 | registered qualifying patient designates the compassion center or ceases to designate the |
2 | compassion center and may be transmitted electronically if the department's regulations so |
3 | provide. The department may provide by regulation that the updated written statements will not |
4 | be issued more frequently than twice each week; |
5 | (6) Except as provided in subdivision (7), the department shall issue each principal |
6 | officer, board member, agent, volunteer and employee of a compassion center a registry |
7 | identification card or renewal card within ten (10) days of receipt of the person's name, address, |
8 | date of birth; a fee in an amount established by the department; and notification to the department |
9 | by the state police that the registry identification card applicant has not been convicted of a felony |
10 | drug offense or has not entered a plea of nolo contendere for a felony drug offense and received a |
11 | sentence of probation. Each card shall specify that the cardholder is a principal officer, board |
12 | member, agent, volunteer, or employee of a compassion center and shall contain the following: |
13 | (i) The name, address, and date of birth of the principal officer, board member, agent, |
14 | volunteer or employee; |
15 | (ii) The legal name of the compassion center to which the principal officer, board |
16 | member, agent, volunteer or employee is affiliated; |
17 | (iii) A random identification number that is unique to the cardholder; |
18 | (iv) The date of issuance and expiration date of the registry identification card; and |
19 | (v) A photograph, if the department decides to require one; |
20 | (7) Except as provided in this subsection, the department shall not issue a registry |
21 | identification card to any principal officer, board member, agent, volunteer, or employee of a |
22 | compassion center who has been convicted of a felony drug offense or has entered a plea of nolo |
23 | contendere for a felony drug offense and received a sentence of probation. The department shall |
24 | notify the compassion center in writing of the purpose for denying the registry identification card. |
25 | The department may grant such person a registry identification card if the department determines |
26 | that the offense was for conduct that occurred prior to the enactment of the Edward O. Hawkins |
27 | and Thomas C. Slater Medical Marijuana Act or that was prosecuted by an authority other than |
28 | the state of Rhode Island and for which the Edward O. Hawkins and Thomas C. Slater Medical |
29 | Marijuana Act would otherwise have prevented a conviction; |
30 | (i) All registry identification card applicants shall apply to the state police for a national |
31 | criminal identification records check that shall include fingerprints submitted to the federal |
32 | bureau of investigation. Upon the discovery of a felony drug offense conviction or a plea of nolo |
33 | contendere for a felony drug offense with a sentence of probation, and in accordance with the |
34 | rules promulgated by the director, the state police shall inform the applicant, in writing, of the |
| LC004444 - Page 17 of 24 |
1 | nature of the felony and the state police shall notify the department, in writing, without disclosing |
2 | the nature of the felony, that a felony drug offense conviction or a plea of nolo contendere for a |
3 | felony drug offense with probation has been found. |
4 | (ii) In those situations in which no felony drug offense conviction or plea of nolo |
5 | contendere for a felony drug offense with probation has been found, the state police shall inform |
6 | the applicant and the department, in writing, of this fact. |
7 | (iii) All registry identification card applicants shall be responsible for any expense |
8 | associated with the criminal background check with fingerprints. |
9 | (8) A registry identification card of a principal officer, board member, agent, volunteer, |
10 | or employee shall expire one year after its issuance, or upon the expiration of the registered |
11 | organization's registration certificate, or upon the termination of the principal officer, board |
12 | member, agent, volunteer or employee's relationship with the compassion center, whichever |
13 | occurs first. |
14 | (d) Expiration or termination of compassion center: |
15 | (1) A compassion center's registration shall expire two (2) years after its registration |
16 | certificate is issued. The compassion center may submit a renewal application beginning sixty |
17 | (60) days prior to the expiration of its registration certificate; |
18 | (2) The department shall grant a compassion center's renewal application within thirty |
19 | (30) days of its submission if the following conditions are all satisfied: |
20 | (i) The compassion center submits the materials required under subdivision (c)(4), |
21 | including a five thousand dollar ($5,000) fee; |
22 | (ii) The compassion center's registration has never been suspended for violations of this |
23 | chapter or regulations issued pursuant to this chapter; |
24 | (iii) The legislative oversight committee's report, if issued pursuant to subsection (4)(j), |
25 | indicates that the compassion center is adequately providing patients with access to medical |
26 | marijuana at reasonable rates; and |
27 | (iv) The legislative oversight committee's report, if issued pursuant to subsection (4)(j), |
28 | does not raise serious concerns about the continued operation of the compassion center applying |
29 | for renewal. |
30 | (3) If the department determines that any of the conditions listed in paragraphs (d)(2)(i) - |
31 | - (iv) have not been met, the department shall begin an open application process for the operation |
32 | of a compassion center. In granting a new registration certificate, the department shall consider |
33 | factors listed in subdivision (c)(3) of this section; |
34 | (4) The department shall issue a compassion center one or more thirty (30) day |
| LC004444 - Page 18 of 24 |
1 | temporary registration certificates after that compassion center's registration would otherwise |
2 | expire if the following conditions are all satisfied: |
3 | (i) The compassion center previously applied for a renewal, but the department had not |
4 | yet come to a decision; |
5 | (ii) The compassion center requested a temporary registration certificate; and |
6 | (iii) The compassion center has not had its registration certificate revoked due to |
7 | violations of this chapter or regulations issued pursuant to this chapter. |
8 | (5) A compassion center's registry identification card shall be subject to revocation if the |
9 | compassion center: |
10 | (i) Possesses an amount of marijuana exceeding the limits established by this chapter; |
11 | (ii) Is in violation of the laws of this state; |
12 | (iii) Is in violation of other departmental regulations; or |
13 | (iv) Employs or enters into a business relationship with a medical practitioner who |
14 | provides written certification of a qualifying patient's medical condition. |
15 | (e) Inspection. - Compassion centers are subject to reasonable inspection by the |
16 | department of health, division of facilities regulation. During an inspection, the department may |
17 | review the compassion center's confidential records, including its dispensing records, which shall |
18 | track transactions according to qualifying patients' registry identification numbers to protect their |
19 | confidentiality. |
20 | (f) Compassion center requirements: |
21 | (1) A compassion center shall be operated on a not-for-profit basis for the mutual benefit |
22 | of its patients. A compassion center need not be recognized as a tax-exempt organization by the |
23 | Internal Revenue Services; |
24 | (2) A compassion center may not be located within one thousand feet (1000') of the |
25 | property line of a preexisting public or private school; |
26 | (3) A compassion center shall notify the department within ten (10) days of when a |
27 | principal officer, board member, agent, volunteer or employee ceases to work at the compassion |
28 | center. His or her card shall be deemed null and void and the person shall be liable for any |
29 | penalties that may apply to any nonmedical possession or use of marijuana by the person; |
30 | (4) A compassion center shall notify the department in writing of the name, address, and |
31 | date of birth of any new principal officer, board member, agent, volunteer or employee and shall |
32 | submit a fee in an amount established by the department for a new registry identification card |
33 | before that person begins his or her relationship with the compassion center; |
34 | (5) A compassion center shall implement appropriate security measures to deter and |
| LC004444 - Page 19 of 24 |
1 | prevent the unauthorized entrance into areas containing marijuana and the theft of marijuana and |
2 | shall insure that each location has an operational security alarm system. Each compassion center |
3 | shall request that the Rhode Island state police visit the compassion center to inspect the security |
4 | of the facility and make any recommendations regarding the security of the facility and its |
5 | personnel within ten (10) days prior to the initial opening of each compassion center. Said |
6 | recommendations shall not be binding upon any compassion center, nor shall the lack of |
7 | implementation of said recommendations delay or prevent the opening or operation of any center. |
8 | If the Rhode Island state police do not inspect the compassion center within the ten (10) day |
9 | period there shall be no delay in the compassion center's opening. |
10 | (6) The operating documents of a compassion center shall include procedures for the |
11 | oversight of the compassion center and procedures to ensure accurate record keeping; |
12 | (7) A compassion center is prohibited from acquiring, possessing, cultivating, |
13 | manufacturing, delivering, transferring, transporting, supplying, or dispensing marijuana for any |
14 | purpose except to assist registered qualifying patients with the medical use of marijuana directly |
15 | or through the qualifying patient's other primary caregiver; |
16 | (8) All principal officers and board members of a compassion center must be residents of |
17 | the state of Rhode Island; |
18 | (9) Each time a new registered qualifying patient visits a compassion center, it shall |
19 | provide the patient with frequently asked questions sheet designed by the department, which |
20 | explains the limitations on the right to use medical marijuana under state law; |
21 | (10) Each compassion center shall develop, implement, and maintain on the premises |
22 | employee, volunteer and agent policies and procedures to address the following requirements: |
23 | (i) A job description or employment contract developed for all employees and agents and |
24 | a volunteer agreement for all volunteers, which includes duties, authority, responsibilities, |
25 | qualifications, and supervision; and |
26 | (ii) Training in and adherence to state confidentiality laws. |
27 | (11) Each compassion center shall maintain a personnel record for each employee, agent |
28 | and volunteer that includes an application and a record of any disciplinary action taken; |
29 | (12) Each compassion center shall develop, implement, and maintain on the premises an |
30 | on-site training curriculum, or enter into contractual relationships with outside resources capable |
31 | of meeting employee training needs, which includes, but is not limited to, the following topics: |
32 | (i) Professional conduct, ethics, and patient confidentiality; and |
33 | (ii) Informational developments in the field of medical use of marijuana. |
34 | (13) Each compassion center entity shall provide each employee, agent and volunteer, at |
| LC004444 - Page 20 of 24 |
1 | the time of his or her initial appointment, training in the following: |
2 | (i) The proper use of security measures and controls that have been adopted; and |
3 | (ii) Specific procedural instructions on how to respond to an emergency, including |
4 | robbery or violent accident; |
5 | (14) All compassion centers shall prepare training documentation for each employee and |
6 | volunteer and have employees and volunteers sign a statement indicating the date, time, and place |
7 | the employee and volunteer received said training and topics discussed, to include name and title |
8 | of presenters. The compassion center shall maintain documentation of an employee's and a |
9 | volunteer's training for a period of at least six (6) months after termination of an employee's |
10 | employment or the volunteer's volunteering. |
11 | (g) Maximum amount of usable marijuana to be dispensed: |
12 | (1) A compassion center or principal officer, board member, agent, volunteer or |
13 | employee of a compassion center may not dispense more than two and one half ounces (2.5 oz) of |
14 | usable marijuana to a qualifying patient directly or through a qualifying patient's other primary |
15 | caregiver during a fifteen (15) day period; |
16 | (2) A compassion center or principal officer, board member, agent, volunteer or |
17 | employee of a compassion center may not dispense an amount of usable marijuana or marijuana |
18 | plants to a qualifying patient or a qualifying patient's other primary caregiver that the compassion |
19 | center, principal officer, board member, agent, volunteer, or employee knows would cause the |
20 | recipient to possess more marijuana than is permitted under the Edward O. Hawkins and Thomas |
21 | C. Slater Medical Marijuana Act. |
22 | (h) Immunity: |
23 | (1) No registered compassion center shall be subject to prosecution; search, except by |
24 | the department pursuant to subsection (e); seizure; or penalty in any manner or denied any right |
25 | or privilege, including, but not limited to, civil penalty or disciplinary action by a business, |
26 | occupational, or professional licensing board or entity, solely for acting in accordance with this |
27 | section to assist registered qualifying patients to whom it is connected through the department's |
28 | registration process with the medical use of marijuana; |
29 | (2) No registered compassion center shall be subject to prosecution; seizure or penalty in |
30 | any manner or denied any right or privilege, including, but not limited to, civil penalty or |
31 | disciplinary action by a business, occupational, or professional licensing board or entity, for |
32 | selling, giving or distributing marijuana in whatever form and within the limits established by the |
33 | department to another registered compassion center; |
34 | (3) No principal officers, board members, agents, volunteers, or employees of a |
| LC004444 - Page 21 of 24 |
1 | registered compassion center shall be subject to arrest, prosecution, search, seizure, or penalty in |
2 | any manner or denied any right or privilege, including, but not limited to, civil penalty or |
3 | disciplinary action by a business, occupational, or professional licensing board or entity, solely |
4 | for working for or with a compassion center to engage in acts permitted by this section. |
5 | (4) No state employee shall be subject to arrest, prosecution or penalty in any manner, or |
6 | denied any right or privilege, including, but not limited to, civil penalty, disciplinary action, |
7 | termination, or loss of employee or pension benefits, for any and all conduct that occurs within |
8 | the scope of his or her employment regarding the administration, execution and/or enforcement of |
9 | this act, and the provisions of Rhode Island general laws, sections 9-31-8 and 9-31-9 shall be |
10 | applicable to this section. |
11 | (i) Prohibitions: |
12 | (1) A compassion center must limit its inventory of seedlings, plants, and usable |
13 | marijuana to reflect the projected needs of registered qualifying patients. shall not possess an |
14 | amount of marijuana at any given time that exceeds the following limitations: |
15 | (i) One hundred fifty (150) marijuana plants of which no more than ninety-nine (99) |
16 | shall be mature; and |
17 | (ii) One thousand five hundred ounces (1500 oz.) of usable marijuana. |
18 | (2) A compassion center may not dispense, deliver, or otherwise transfer marijuana to a |
19 | person other than a qualifying patient who has designated the compassion center as a primary |
20 | caregiver or to such patient's other primary caregiver; |
21 | (3) A person found to have violated paragraph (2) of this subsection may not be an |
22 | employee, agent, volunteer, principal officer, or board member of any compassion center; |
23 | (4) An employee, agent, volunteer, principal officer or board member of any compassion |
24 | center found in violation of paragraph (2) above shall have his or her registry identification |
25 | revoked immediately; and |
26 | (5) No person who has been convicted of a felony drug offense or has entered a plea of |
27 | nolo contendere for a felony drug offense with a sentence or probation may be the principal |
28 | officer, board member, agent, volunteer, or employee of a compassion center unless the |
29 | department has determined that the person's conviction was for the medical use of marijuana or |
30 | assisting with the medical use of marijuana in accordance with the terms and conditions of this |
31 | chapter. A person who is employed by or is an agent, volunteer, principal officer, or board |
32 | member of a compassion center in violation of this section is guilty of a civil violation punishable |
33 | by a fine of up to one thousand dollars ($1,000). A subsequent violation of this section is a |
34 | misdemeanor: |
| LC004444 - Page 22 of 24 |
1 | (j) Legislative oversight committee: |
2 | (1) The general assembly shall appoint a nine (9) member oversight committee |
3 | comprised of: one member of the house of representatives; one member of the senate; one |
4 | physician to be selected from a list provided by the Rhode Island medical society; one nurse to be |
5 | selected from a list provided by the Rhode Island state nurses association; two (2) registered |
6 | qualifying patients; one registered primary caregiver; one patient advocate to be selected from a |
7 | list provided by the Rhode Island patient advocacy coalition; and the superintendent of the Rhode |
8 | Island state police or his/her designee. |
9 | (2) The oversight committee shall meet at least six (6) times per year for the purpose of |
10 | evaluating and making recommendations to the general assembly regarding: |
11 | (i) Patients' access to medical marijuana; |
12 | (ii) Efficacy of compassion center; |
13 | (iii) Physician participation in the Medical Marijuana Program; |
14 | (iv) The definition of qualifying medical condition; |
15 | (v) Research studies regarding health effects of medical marijuana for patients. |
16 | (3) On or before January 1 of every even numbered year, the oversight committee shall |
17 | report to the general assembly on its findings. |
18 | SECTION 3. This act shall take effect on September 1, 2014. |
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| LC004444 - Page 23 of 24 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO FOOD AND DRUGS -- THE EDWARD O. HAWKINS AND THOMAS C. | |
SLATER MEDICAL MARIJUANA ACT | |
*** | |
1 | This act would make various changes to the medical marijuana act. This act would also |
2 | require all cardholders who wish to cultivate marijuana to apply for a cultivation certificate from |
3 | the department of health. It would further reduce the allowable limits of plants, seedlings and |
4 | usable marijuana which may be cultivated or possessed by cardholders, and would provide |
5 | landlords the option not to lease to a cardholder who chooses to cultivate marijuana. This act |
6 | would also require national criminal background checks on all applications for a primary |
7 | caregiver, provide for the permanent mandatory revocation of an issued registry identification |
8 | card upon the conviction of a felony and would require the department of health to maintain a |
9 | twenty-four (24) hour automated verification system for law enforcement personnel to verify the |
10 | validity of a cardholder. |
11 | This act would take effect on September 1, 2014. |
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LC004444 | |
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| LC004444 - Page 24 of 24 |