§ 21-28.6-14. Cooperative cultivations.
(a) Two (2) or more qualifying cardholders may cooperatively cultivate marijuana in residential or nonresidential locations subject to the following restrictions:
(1) Effective January 1, 2017, cooperative cultivations shall apply to the department of business regulation for a license to operate;
(2) A registered patient or primary caregiver cardholder can only cultivate in one location, including participation in a cooperative cultivation;
(3) No single location may have more than one cooperative cultivation. For the purposes of this section, location means one structural building, not units within a structural building;
(4) The cooperative cultivation shall not be visible from the street or other public areas;
(5) A written acknowledgement of the limitations of the right to use and possess marijuana for medical purposes in Rhode Island that is signed by each cardholder and is displayed prominently in the premises cooperative cultivation;
(6) Cooperative cultivations are restricted to the following possession limits:
(i) A nonresidential cooperative cultivation may have no more than ten ounces (10 oz.) of dried marijuana, or its equivalent which satisfies the requirements of this chapter, and an amount of wet marijuana set in regulations promulgated by the departments of health and business regulation, forty-eight (48) mature marijuana plants, and forty-eight (48) seedlings;
(ii) A residential cooperative cultivation may have no more than ten ounces (10 oz.) of dried marijuana, or its equivalent which satisfies the requirements of this chapter, and an amount of wet marijuana set in regulations promulgated by the departments of health and business regulation, twenty-four (24) mature marijuana plants, and twenty-four (24) seedlings;
(iii) A nonresidential or residential cooperative cultivation must have displayed prominently on the premises its license issued by the department of business regulation;
(iv) Every marijuana plant possessed by a cooperative cultivation must be accompanied by a valid medical marijuana tag issued by the department of business regulation pursuant to § 21-28.6-15. Each cooperative cultivation must purchase at least one medical marijuana tag in order to remain a licensed cooperative cultivation; and
(v) Cooperative cultivations are subject to reasonable inspection by the department of business regulation for the purposes of enforcing regulations promulgated pursuant to this chapter and all applicable Rhode Island general laws.
(7) Cooperative cultivations must be inspected as follows:
(i) A nonresidential cooperative cultivation must have displayed prominently on the premises documentation from the municipality where the single location is located that the location and the cultivation has been inspected by the municipal building and/or zoning official and the municipal fire department and is in compliance with any applicable state or municipal housing and zoning codes; and
(ii) A residential cooperative cultivation must have displayed prominently on the premises an affidavit by a licensed electrician that the cultivation has been inspected and is in compliance with any applicable state or municipal housing and zoning codes for the municipality where the cooperative cultivation is located.
(8) Cooperative cultivations must report the location of the cooperative cultivation to the department of public safety.
(9) The reports provided to the department of public safety in subsection (8) of this section shall be confidential, but locations may be confirmed for law enforcement purposes. The report of the location of the cooperative cultivation alone shall not constitute probable cause for a search of the cooperative cultivation.
(10) The department of business regulation shall promulgate regulations governing the licensing and operation of cooperative cultivations, and may promulgate regulations that set a fee for a cooperative cultivation license.
(b) Any violation of any provision of this chapter or regulations promulgated hereunder as determined by the department of business regulation may result in the revocation/suspension of the cooperative cultivation license.
(c) License required. No person or entity shall engage in activities described in this section without a cooperative cultivation license issued by the department of business regulation.
(d) Effective July 1, 2019, except as to cooperative cultivator licenses issued by the department of business regulation before July 1, 2019, the department of business regulation shall no longer accept applications or renewals for licensed cooperative cultivations and cooperative cultivations shall no longer be permitted.
(e) Effective July 1, 2019, not more than one registered cardholder shall be permitted to grow marijuana in a dwelling unit or commercial unit, except for two (2) or more qualifying patient or primary caregiver cardholder(s) who are primary residents of the same dwelling unit where the medical marijuana plants are grown and in all instances subject to the plant limits provided in § 21-28.6-4(r).
(P.L. 2014, ch. 515, § 1; P.L. 2016, ch. 142, art. 14, § 1; P.L. 2019, ch. 88, art. 15, § 5.)