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Rhode Island House Bill H5827

Rhode Island 2023 Regular Session

Rhode Island House Bill H5827 Compare Versions

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55 2023 -- H 5827
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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO FOOD AND DRUGS -- THE EDWARD O. HAWKINS AND THOMA S C.
1616 SLATER MEDICAL MARIJUANA ACT
1717 Introduced By: Representative Scott Slater
1818 Date Introduced: March 01, 2023
1919 Referred To: House Corporations
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Section 21-28.6-12 of the General Laws in Chapter 21-28.6 entitled "The 1
2424 Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act" is hereby amended to read as 2
2525 follows: 3
2626 21-28.6-12. Compassion centers. 4
2727 (a) A compassion center licensed under this section may acquire, possess, cultivate, 5
2828 manufacture, deliver, transfer, transport, supply, or dispense medical marijuana, or related supplies 6
2929 and educational materials, to registered qualifying patients and their registered primary caregivers 7
3030 or authorized purchasers, or out-of-state patient cardholders or other marijuana establishment 8
3131 licensees. Except as specifically provided to the contrary, all provisions of this chapter (the Edward 9
3232 O. Hawkins and Thomas C. Slater medical marijuana act), apply to a compassion center unless the 10
3333 provision(s) conflict with a provision contained in this section. 11
3434 (b) License of compassion centers — authority of the departments of health and 12
3535 business regulation: 13
3636 (1) Not later than ninety (90) days after the effective date of this chapter, the department 14
3737 of health shall promulgate regulations governing the manner in which it shall consider applications 15
3838 for licenses for compassion centers, including regulations governing: 16
3939 (i) The form and content of license and renewal applications; 17
4040 (ii) Minimum oversight requirements for compassion centers; 18
4141
4242
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4444 (iii) Minimum record-keeping requirements for compassion centers; 1
4545 (iv) Minimum security requirements for compassion centers; and 2
4646 (v) Procedures for suspending, revoking, or terminating the license of compassion centers 3
4747 that violate the provisions of this section or the regulations promulgated pursuant to this subsection. 4
4848 (2) Within ninety (90) days of the effective date of this chapter, the department of health 5
4949 shall begin accepting applications for the operation of a single compassion center. 6
5050 (3) Within one hundred fifty (150) days of the effective date of this chapter, the department 7
5151 of health shall provide for at least one public hearing on the granting of an application to a single 8
5252 compassion center. 9
5353 (4) Within one hundred ninety (190) days of the effective date of this chapter, the 10
5454 department of health shall grant a single license to a single compassion center, providing at least 11
5555 one applicant has applied who meets the requirements of this chapter. 12
5656 (5) If at any time after fifteen (15) months after the effective date of this chapter, there is 13
5757 no operational compassion center in Rhode Island, the department of health shall accept 14
5858 applications, provide for input from the public, and issue a license for a compassion center if a 15
5959 qualified applicant exists. 16
6060 (6) Within two (2) years of the effective date of this chapter, the department of health shall 17
6161 begin accepting applications to provide licenses for two (2) additional compassion centers. The 18
6262 department shall solicit input from the public, and issue licenses if qualified applicants exist. 19
6363 (7)(i) Any time a compassion center license is revoked, is relinquished, or expires on or 20
6464 before December 31, 2016, the department of health shall accept applications for a new compassion 21
6565 center. 22
6666 (ii) Any time a compassion center license is revoked, is relinquished, or expires on or after 23
6767 January 1, 2017, the department of business regulation shall accept applications for a new 24
6868 compassion center. 25
6969 (8)(i) If at any time after three (3) years after the effective date of this chapter and on or 26
7070 before December 31, 2016, fewer than three (3) compassion centers are holding valid licenses in 27
7171 Rhode Island, the department of health shall accept applications for a new compassion center. If at 28
7272 any time on or after January 1, 2017, fewer than three (3) compassion centers are holding valid 29
7373 licenses in Rhode Island, the department of business regulation shall accept applications for a new 30
7474 compassion center. There shall be nine (9) compassion centers that may hold valid licenses at one 31
7575 time. If at any time on or after July 1, 2019, fewer than nine (9) compassion centers are holding 32
7676 valid licenses in Rhode Island, the department of business regulation shall accept applications for 33
7777 new compassion centers and shall continue the process until nine (9) licenses have been issued by 34
7878
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8181 the department of business regulation. 1
8282 (9) Any compassion center application selected for approval by the department of health 2
8383 on or before December 31, 2016, or selected for approval by the department of business regulation 3
8484 on or after January 1, 2017, shall remain in full force and effect, notwithstanding any provisions of 4
8585 this chapter to the contrary, and shall be subject to state law adopted herein and rules and regulations 5
8686 adopted by the departments of health and business regulation subsequent to passage of this 6
8787 legislation. 7
8888 (10) A licensed cultivator may apply for, and be issued, an available compassion center 8
8989 license, provided that the licensed cultivation premises is disclosed on the compassion center 9
9090 application as the permitted second location for growing medical marijuana in accordance with 10
9191 subsection (c)(i) of this section. If a licensed cultivator is issued an available compassion center 11
9292 license, their cultivation facility license will merge with and into their compassion center license in 12
9393 accordance with regulations promulgated by the department of business regulation. Once merged, 13
9494 the cultivation of medical marijuana may then be conducted under the compassion center license 14
9595 in accordance with this section and the cultivation license will be considered null and void and of 15
9696 no further force or effect. 16
9797 (c) Compassion center and agent applications and license: 17
9898 (1) Each application for a compassion center shall be submitted in accordance with 18
9999 regulations promulgated by the department of business regulation and shall include, but not be 19
100100 limited to: 20
101101 (i) A non-refundable application fee paid to the department in the amount of ten thousand 21
102102 dollars ($10,000); 22
103103 (ii) The proposed legal name and proposed articles of incorporation of the compassion 23
104104 center; 24
105105 (iii) The proposed physical address of the compassion center, if a precise address has been 25
106106 determined, or, if not, the general location where it would be located. This may include a second 26
107107 location for the cultivation of medical marijuana; 27
108108 (iv) A description of the enclosed, locked facility that would be used in the cultivation of 28
109109 medical marijuana; 29
110110 (v) The name, address, and date of birth of each principal officer and board member of the 30
111111 compassion center; 31
112112 (vi) Proposed security and safety measures that shall include at least one security alarm 32
113113 system for each location, planned measures to deter and prevent the unauthorized entrance into 33
114114 areas containing marijuana and the theft of marijuana, as well as a draft, employee-instruction 34
115115
116116
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118118 manual including security policies, safety and security procedures, personal safety, and crime-1
119119 prevention techniques; and 2
120120 (vii) Proposed procedures to ensure accurate record keeping. 3
121121 (2)(i) For applications submitted on or before December 31, 2016, any time one or more 4
122122 compassion center license applications are being considered, the department of health shall also 5
123123 allow for comment by the public and shall solicit input from registered qualifying patients, 6
124124 registered primary caregivers, and the towns or cities where the applicants would be located; 7
125125 (ii) For applications submitted on or after January 1, 2017, any time one or more 8
126126 compassion center license applications are being considered, the department of business regulation 9
127127 shall also allow for comment by the public and shall solicit input from registered qualifying 10
128128 patients, registered primary caregivers, and the towns or cities where the applicants would be 11
129129 located. 12
130130 (3) Each time a new compassion center license is issued, the decision shall be based upon 13
131131 the overall health needs of qualified patients and the safety of the public, including, but not limited 14
132132 to, the following factors: 15
133133 (i) Convenience to patients from areas throughout the state of Rhode Island; 16
134134 (ii) The applicant’s ability to provide a steady supply to the registered qualifying patients 17
135135 in the state; 18
136136 (iii) The applicant’s experience running a non-profit or business; 19
137137 (iv) The interests of qualifying patients regarding which applicant be granted a license; 20
138138 (v) The interests of the city or town where the dispensary would be located taking into 21
139139 consideration need and population; 22
140140 (vi) Nothing herein shall prohibit more than one compassion center being geographically 23
141141 located in any city or town; 24
142142 (vii) The sufficiency of the applicant’s plans for record keeping and security, which records 25
143143 shall be considered confidential healthcare information under Rhode Island law and are intended 26
144144 to be deemed protected healthcare information for purposes of the Federal Health Insurance 27
145145 Portability and Accountability Act of 1996, as amended; and 28
146146 (viii) The sufficiency of the applicant’s plans for safety and security, including proposed 29
147147 location, security devices employed, and staffing. 30
148148 (4) A compassion center approved by the department of health on or before December 31, 31
149149 2016, shall submit the following to the department before it may begin operations: 32
150150 (i) A fee paid to the department in the amount of five thousand dollars ($5,000); 33
151151 (ii) The legal name and articles of incorporation of the compassion center; 34
152152
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155155 (iii) The physical address of the compassion center; this may include a second address for 1
156156 the secure cultivation of marijuana; 2
157157 (iv) The name, address, and date of birth of each principal officer and board member of the 3
158158 compassion center; and 4
159159 (v) The name, address, and date of birth of any person who will be an agent of, employee, 5
160160 or volunteer of the compassion center at its inception. 6
161161 (5)(i) A compassion center approved or renewed by the department of business regulation 7
162162 on or after January 1, 2017, but before July 1, 2019, shall submit materials pursuant to regulations 8
163163 promulgated by the department of business regulation before it may begin operations: 9
164164 (A) A fee paid to the department in the amount of five thousand dollars ($5,000); 10
165165 (B) The legal name and articles of incorporation of the compassion center; 11
166166 (C) The physical address of the compassion center; this may include a second address for 12
167167 the secure cultivation of medical marijuana; 13
168168 (D) The name, address, and date of birth of each principal officer and board member of the 14
169169 compassion center; 15
170170 (E) The name, address, and date of birth of any person who will be an agent, employee, or 16
171171 volunteer of the compassion center at its inception. 17
172172 (ii) A compassion center approved or renewed by the department of business regulation on 18
173173 or after July 1, 2019, shall submit materials pursuant to regulations promulgated by the department 19
174174 of business regulation before it may begin operations, which shall include but not be limited to: 20
175175 (A) A fee paid to the department in the amount of five hundred thousand dollars 21
176176 ($500,000); 22
177177 (B) The legal name and articles of incorporation of the compassion center; 23
178178 (C) The physical address of the compassion center; this may include a second address for 24
179179 the secure cultivation of medical marijuana; 25
180180 (D) The name, address, and date of birth of each principal officer and board member of the 26
181181 compassion center, and any person who has a direct or indirect ownership interest in any marijuana 27
182182 establishment licensee, which ownership interest shall include, but not be limited to, any interests 28
183183 arising pursuant to the use of shared management companies, management agreements or other 29
184184 agreements that afford third-party management or operational control, or other familial or business 30
185185 relationships between compassion center or cultivator owners, members, officers, directors, 31
186186 managers, investors, agents, or key persons that effect dual license interests as determined by the 32
187187 department of business regulation; 33
188188 (E) The name, address, and date of birth of any person who will be an agent, employee, or 34
189189
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192192 volunteer of the compassion center at its inception. 1
193193 (6) Except as provided in subsection (c)(7) of this section, the department of health or the 2
194194 department of business regulation shall issue each principal officer, board member, agent, 3
195195 volunteer, and employee of a compassion center a registry identification card or renewal card after 4
196196 receipt of the person’s name, address, date of birth; a fee in an amount established by the department 5
197197 of health or the department of business regulation; and, except in the case of an employee, 6
198198 notification to the department of health or the department of business regulation by the department 7
199199 of public safety division of state police, attorney general’s office, or local law enforcement that the 8
200200 registry identification card applicant has not been convicted of a felony drug offense or has not 9
201201 entered a plea of nolo contendere for a felony drug offense and received a sentence of probation. 10
202202 Each card shall specify that the cardholder is a principal officer, board member, agent, volunteer, 11
203203 or employee of a compassion center and shall contain the following: 12
204204 (i) The name, address, and date of birth of the principal officer, board member, agent, 13
205205 volunteer, or employee; 14
206206 (ii) The legal name of the compassion center to which the principal officer, board member, 15
207207 agent, volunteer, or employee is affiliated; 16
208208 (iii) A random identification number that is unique to the cardholder; 17
209209 (iv) The date of issuance and expiration date of the registry identification card; and 18
210210 (v) A photograph, if the department of health or the department of business regulation 19
211211 decides to require one. 20
212212 (7) Except as provided in this subsection, neither the department of health nor the 21
213213 department of business regulation shall issue a registry identification card to any principal officer, 22
214214 board member, or agent, of a compassion center who has been convicted of a felony drug offense 23
215215 or has entered a plea of nolo contendere for a felony drug offense and received a sentence of 24
216216 probation. If a registry identification card is denied, the compassion center will be notified in 25
217217 writing of the purpose for denying the registry identification card. A registry identification card 26
218218 may be granted if the offense was for conduct that occurred prior to the enactment of the Edward 27
219219 O. Hawkins and Thomas C. Slater medical marijuana act or that was prosecuted by an authority 28
220220 other than the state of Rhode Island and for which the Edward O. Hawkins and Thomas C. Slater 29
221221 medical marijuana act would otherwise have prevented a conviction. 30
222222 (i) All registry identification card applicants shall apply to the department of public safety 31
223223 division of state police, the attorney general’s office, or local law enforcement for a national 32
224224 criminal identification records check that shall include fingerprints submitted to the federal bureau 33
225225 of investigation. Upon the discovery of a felony drug offense conviction or a plea of nolo 34
226226
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229229 contendere for a felony drug offense with a sentence of probation, and in accordance with the rules 1
230230 promulgated by the department of health and the department of business regulation, the department 2
231231 of public safety division of state police, the attorney general’s office, or local law enforcement shall 3
232232 inform the applicant, in writing, of the nature of the felony and the department of public safety 4
233233 division of state police shall notify the department of health or the department of business 5
234234 regulation, in writing, without disclosing the nature of the felony, that a felony drug offense 6
235235 conviction or a plea of nolo contendere for a felony drug offense with probation has been found. 7
236236 (ii) In those situations in which no felony drug offense conviction or plea of nolo 8
237237 contendere for a felony drug offense with probation has been found, the department of public safety 9
238238 division of state police, the attorney general’s office, or local law enforcement shall inform the 10
239239 applicant and the department of health or the department of business regulation, in writing, of this 11
240240 fact. 12
241241 (iii) All registry identification card applicants, except for employees with no ownership, 13
242242 equity, financial interest, or managing control of a marijuana establishment license, shall be 14
243243 responsible for any expense associated with the criminal background check with fingerprints. 15
244244 (8) A registry identification card of a principal officer, board member, agent, volunteer, 16
245245 employee, or any other designation required by the department of business regulation shall expire 17
246246 one year after its issuance, or upon the expiration of the licensed organization’s license, or upon 18
247247 the termination of the principal officer, board member, agent, volunteer, or employee’s relationship 19
248248 with the compassion center, whichever occurs first. 20
249249 (9) A compassion center cardholder shall notify and request approval from the department 21
250250 of business regulation of any change in his or her name or address within ten (10) days of the 22
251251 change. A compassion center cardholder who fails to notify the department of business regulation 23
252252 of any of these changes is responsible for a civil infraction, punishable by a fine of no more than 24
253253 one hundred fifty dollars ($150). 25
254254 (10) When a compassion center cardholder notifies the department of health or the 26
255255 department of business regulation of any changes listed in this subsection, the department shall 27
256256 issue the cardholder a new registry identification card within ten (10) days of receiving the updated 28
257257 information and a ten-dollar ($10.00) fee. 29
258258 (11) If a compassion center cardholder loses his or her registry identification card, he or 30
259259 she shall notify the department of health or the department of business regulation and submit a ten-31
260260 dollar ($10.00) fee within ten (10) days of losing the card. Within five (5) days, the department 32
261261 shall issue a new registry identification card with new random identification number. 33
262262 (12) On or before December 31, 2016, a compassion center cardholder shall notify the 34
263263
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266266 department of health of any disqualifying criminal convictions as defined in subsection (c)(7) of 1
267267 this section. The department of health may choose to suspend and/or revoke his or her registry 2
268268 identification card after the notification. 3
269269 (13) On or after January 1, 2017, a compassion center cardholder shall notify the 4
270270 department of business regulation of any disqualifying criminal convictions as defined in 5
271271 subsection (c)(7) of this section. The department of business regulation may choose to suspend 6
272272 and/or revoke his or her registry identification card after the notification. 7
273273 (14) If a compassion center cardholder violates any provision of this chapter or regulations 8
274274 promulgated hereunder as determined by the departments of health and business regulation, his or 9
275275 her registry identification card may be suspended and/or revoked. 10
276276 (d) Expiration or termination of compassion center: 11
277277 (1) On or before December 31, 2016, a compassion center’s license shall expire two (2) 12
278278 years after its license is issued. On or after January 1, 2017, a compassion center’s license shall 13
279279 expire one year after its license is issued. The compassion center may submit a renewal application 14
280280 beginning sixty (60) days prior to the expiration of its license. 15
281281 (2) The department of health or the department of business regulation shall grant a 16
282282 compassion center’s renewal application within thirty (30) days of its submission if the following 17
283283 conditions are all satisfied: 18
284284 (i) The compassion center submits the materials required under subsections (c)(4) and 19
285285 (c)(5) of this section, including a five-hundred-thousand-dollar ($500,000) fee; 20
286286 (ii) The compassion center’s license has never been suspended for violations of this chapter 21
287287 or regulations issued pursuant to this chapter; and 22
288288 (iii) The department of business regulation finds that the compassion center is adequately 23
289289 providing patients with access to medical marijuana at reasonable rates. 24
290290 (3) If the department of health or the department of business regulation determines that any 25
291291 of the conditions listed in subsections (d)(2)(i) — (iii) of this section have not been met, the 26
292292 department may begin an open application process for the operation of a compassion center. In 27
293293 granting a new license, the department of health or the department of business regulation shall 28
294294 consider factors listed in subsection (c)(3) of this section. 29
295295 (4) The department of business regulation shall issue a compassion center one or more 30
296296 thirty-day (30) temporary licenses after that compassion center’s license would otherwise expire if 31
297297 the following conditions are all satisfied: 32
298298 (i) The compassion center previously applied for a renewal, but the department had not yet 33
299299 come to a decision; 34
300300
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303303 (ii) The compassion center requested a temporary license; and 1
304304 (iii) The compassion center has not had its license suspended or revoked due to violations 2
305305 of this chapter or regulations issued pursuant to this chapter. 3
306306 (5) A compassion center’s license shall be denied, suspended, or subject to revocation if 4
307307 the compassion center: 5
308308 (i) Possesses an amount of marijuana exceeding the limits established by this chapter; 6
309309 (ii) Is in violation of the laws of this state; 7
310310 (iii) Is in violation of other departmental regulations; 8
311311 (iv) Employs or enters into a business relationship with a medical practitioner who provides 9
312312 written certification of a qualifying patient’s medical condition; or 10
313313 (v) If any compassion center owner, member, officer, director, manager, investor, agent, 11
314314 or key person as defined in regulations promulgated by the department of business regulation, has 12
315315 any interest, direct or indirect, in another compassion center or another licensed cultivator, except 13
316316 as permitted in subsection (b)(10) of this section or pursuant to § 21-28.11-19. Prohibited interests 14
317317 shall also include interests arising pursuant to the use of shared management companies, 15
318318 management agreements, or other agreements that afford third-party management or operational 16
319319 control, or other familial or business relationships between compassion center or cultivator owners, 17
320320 members, officers, directors, managers, investors, agents, or key persons that effect dual license 18
321321 interests as determined by the department of business regulation. 19
322322 (e) Inspection. Compassion centers are subject to reasonable inspection by the department 20
323323 of health, division of facilities regulation, and the department of business regulation. During an 21
324324 inspection, the departments may review the compassion center’s confidential records, including its 22
325325 dispensing records, which shall track transactions according to qualifying patients’ registry 23
326326 identification numbers to protect their confidentiality. 24
327327 (f) Compassion center requirements: 25
328328 (1) A compassion center shall be operated on a not-for-profit basis for the mutual benefit 26
329329 of its patients. A compassion center need not be recognized as a tax-exempt organization by the 27
330330 Internal Revenue Service. A compassion center shall be subject to regulations promulgated by the 28
331331 department of business regulation for general operations and record keeping, which shall include, 29
332332 but not be limited to: 30
333333 (i) Minimum security and surveillance requirements; 31
334334 (ii) Minimum requirements for workplace safety and sanitation; 32
335335 (iii) Minimum requirements for product safety and testing; 33
336336 (iv) Minimum requirements for inventory tracking and monitoring; 34
337337
338338
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340340 (v) Minimum requirements for the secure transport and transfer of medical marijuana; 1
341341 (vi) Minimum requirements to address odor mitigation; 2
342342 (vii) Minimum requirements for product packaging and labeling; 3
343343 (A) The department of business regulation shall provide by regulation that at minimum, 4
344344 the total allowable THC per package for retail-ready medical concentrates shall be one thousand 5
345345 milligrams (1 gram). 6
346346 (viii) Minimum requirements and prohibitions for advertising; 7
347347 (ix) Minimum requirements for the testing and destruction of marijuana. Wherever 8
348348 destruction of medical marijuana and medical marijuana product is required to bring a person or 9
349349 entity into compliance with any provision of this chapter, any rule or regulation promulgated 10
350350 thereunder, or any administrative order issued in accordance therewith, the director of the 11
351351 department of business regulation may designate his or her employees or agents to facilitate the 12
352352 destruction; 13
353353 (x) A requirement that if a compassion center violates this chapter, or any regulation 14
354354 thereunder, and the department of business regulation determines that violation does not pose an 15
355355 immediate threat to public health or public safety, the compassion center shall pay to the department 16
356356 of business regulation a fine of no less than five-hundred dollars ($500); and 17
357357 (xi) A requirement that if a compassion center violates this chapter, or any regulation 18
358358 promulgated hereunder, and the department of business regulation determines that the violation 19
359359 poses an immediate threat to public health or public safety, the compassion center shall pay to the 20
360360 department of business regulation a fine of no less than two thousand dollars ($2,000) and the 21
361361 department shall be entitled to pursue any other enforcement action provided for under this chapter 22
362362 and the regulations. 23
363363 (2) A compassion center may not be located within one thousand feet (1,000′) of the 24
364364 property line of a preexisting public or private school. 25
365365 (3) On or before December 31, 2016, a compassion center shall notify the department of 26
366366 health within ten (10) days of when a principal officer, board member, agent, volunteer, or 27
367367 employee ceases to work at the compassion center. On or after January 1, 2017, a compassion 28
368368 center shall notify the department of business regulation within ten (10) days of when a principal 29
369369 officer, board member, agent, volunteer, or employee ceases to work at the compassion center. His 30
370370 or her card shall be deemed null and void and the person shall be liable for any penalties that may 31
371371 apply to any nonmedical possession or use of marijuana by the person. 32
372372 (4)(i) On or before December 31, 2016, a compassion center shall notify the department of 33
373373 health in writing of the name, address, and date of birth of any new principal officer, board member, 34
374374
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377377 agent, volunteer, or employee and shall submit a fee in an amount established by the department 1
378378 for a new registry identification card before that person begins his or her relationship with the 2
379379 compassion center; 3
380380 (ii) On or after January 1, 2017, a compassion center shall notify the department of business 4
381381 regulation, in writing, of the name, address, and date of birth of any new principal officer, board 5
382382 member, agent, volunteer, or employee and shall submit a fee in an amount established by the 6
383383 department of business regulation for a new registry identification card before that person begins 7
384384 his or her relationship with the compassion center; 8
385385 (5) A compassion center shall implement appropriate security measures to deter and 9
386386 prevent the unauthorized entrance into areas containing marijuana and the theft of marijuana and 10
387387 shall ensure that each location has an operational security alarm system. Each compassion center 11
388388 shall request that the department of public safety division of state police visit the compassion center 12
389389 to inspect the security of the facility and make any recommendations regarding the security of the 13
390390 facility and its personnel within ten (10) days prior to the initial opening of each compassion center. 14
391391 The recommendations shall not be binding upon any compassion center, nor shall the lack of 15
392392 implementation of the recommendations delay or prevent the opening or operation of any center. 16
393393 If the department of public safety division of state police does not inspect the compassion center 17
394394 within the ten-day (10) period, there shall be no delay in the compassion center’s opening. 18
395395 (6) The operating documents of a compassion center shall include procedures for the 19
396396 oversight of the compassion center and procedures to ensure accurate record keeping. 20
397397 (7) A compassion center is prohibited from acquiring, possessing, cultivating, 21
398398 manufacturing, delivering, transferring, transporting, supplying, or dispensing marijuana for any 22
399399 purpose except to assist patient cardholders with the medical use of marijuana directly or through 23
400400 the qualifying patient’s primary caregiver or authorized purchaser. This provision shall not apply 24
401401 to hybrid cannabis retailers authorized pursuant to the provisions of § 21-28.11-10. 25
402402 (8) All principal officers and board members of a compassion center must be residents of 26
403403 the state of Rhode Island. 27
404404 (9) Each time a new, registered, qualifying patient visits a compassion center, it shall 28
405405 provide the patient with a frequently-asked-questions sheet, designed by the department, that 29
406406 explains the limitations on the right to use medical marijuana under state law. 30
407407 (10) Effective July 1, 2017, each compassion center shall be subject to any regulations 31
408408 promulgated by the departments of health and business regulation that specify how marijuana must 32
409409 be tested for items, included but not limited to, cannabinoid profile and contaminants. 33
410410 (11) Effective January 1, 2017, each compassion center shall be subject to any product 34
411411
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414414 labeling requirements promulgated by the department of business regulation. 1
415415 (12) Each compassion center shall develop, implement, and maintain on the premises 2
416416 employee, volunteer, and agent policies and procedures to address the following requirements: 3
417417 (i) A job description or employment contract developed for all employees and agents, and 4
418418 a volunteer agreement for all volunteers, that includes duties, authority, responsibilities, 5
419419 qualifications, and supervision; and 6
420420 (ii) Training in, and adherence to, state confidentiality laws. 7
421421 (13) Each compassion center shall maintain a personnel record for each employee, agent, 8
422422 and volunteer that includes an application and a record of any disciplinary action taken. 9
423423 (14) Each compassion center shall develop, implement, and maintain on the premises an 10
424424 on-site training curriculum, or enter into contractual relationships with outside resources capable 11
425425 of meeting employee training needs, that includes, but is not limited to, the following topics: 12
426426 (i) Professional conduct, ethics, and patient confidentiality; and 13
427427 (ii) Informational developments in the field of medical use of marijuana. 14
428428 (15) Each compassion center entity shall provide each employee, agent, and volunteer, at 15
429429 the time of his or her initial appointment, training in the following: 16
430430 (i) The proper use of security measures and controls that have been adopted; and 17
431431 (ii) Specific procedural instructions on how to respond to an emergency, including robbery 18
432432 or violent accident. 19
433433 (16) All compassion centers shall prepare training documentation for each employee and 20
434434 volunteer and have employees and volunteers sign a statement indicating the date, time, and place 21
435435 the employee and volunteer received the training and topics discussed, to include name and title of 22
436436 presenters. The compassion center shall maintain documentation of an employee’s and a 23
437437 volunteer’s training for a period of at least six (6) months after termination of an employee’s 24
438438 employment or the volunteer’s volunteering. 25
439439 (g) Maximum amount of usable marijuana to be dispensed: 26
440440 (1) A compassion center or principal officer, board member, agent, volunteer, or employee 27
441441 of a compassion center may not dispense more than two and one-half ounces (2.5 oz.) of usable 28
442442 marijuana, or its equivalent, to a qualifying patient directly or through a qualifying patient’s 29
443443 primary caregiver or authorized purchaser during a fifteen-day (15) period. 30
444444 (2) A compassion center or principal officer, board member, agent, volunteer, or employee 31
445445 of a compassion center may not dispense an amount of usable marijuana, or its equivalent, to a 32
446446 patient cardholder, qualifying patient, a qualifying patient’s primary caregiver, or a qualifying 33
447447 patient’s authorized purchaser that the compassion center, principal officer, board member, agent, 34
448448
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451451 volunteer, or employee knows would cause the recipient to possess more marijuana than is 1
452452 permitted under the Edward O. Hawkins and Thomas C. Slater medical marijuana act. 2
453453 (3) Compassion centers shall utilize a database administered by the departments of health 3
454454 and business regulation. The database shall contain all compassion centers’ transactions according 4
455455 to qualifying patients’, authorized purchasers’, and primary caregivers’ registry identification 5
456456 numbers to protect the confidentiality of patient personal and medical information. Compassion 6
457457 centers will not have access to any applications or supporting information submitted by qualifying 7
458458 patients, authorized purchasers or primary caregivers. Before dispensing marijuana to any patient 8
459459 or authorized purchaser, the compassion center must utilize the database to ensure that a qualifying 9
460460 patient is not dispensed more than two and one-half ounces (2.5 oz.) of usable marijuana or its 10
461461 equivalent directly or through the qualifying patient’s primary caregiver or authorized purchaser 11
462462 during a fifteen-day (15) period. 12
463463 (4) A compassion center operating as a hybrid cannabis retailer authorized to conduct adult 13
464464 use cannabis sales pursuant to the provisions of § 21-28.11-10 may sell up to one ounce (1 oz.) of 14
465465 cannabis to a person at least twenty-one (21) years of age as an intended consumer, in accordance 15
466466 with the provisions of chapter 28.11 of title 21. 16
467467 (h) Immunity: 17
468468 (1) No licensed compassion center shall be subject to prosecution; search, except by the 18
469469 departments pursuant to subsection (e) of this section; seizure; or penalty in any manner, or denied 19
470470 any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business, 20
471471 occupational, or professional licensing board or entity, solely for acting in accordance with this 21
472472 section to assist registered qualifying patients. 22
473473 (2) No licensed compassion center shall be subject to prosecution, seizure, or penalty in 23
474474 any manner, or denied any right or privilege, including, but not limited to, civil penalty or 24
475475 disciplinary action, by a business, occupational, or professional licensing board or entity, for 25
476476 selling, giving, or distributing marijuana in whatever form, and within the limits established by, the 26
477477 department of health or the department of business regulation to another registered compassion 27
478478 center. 28
479479 (3) No principal officers, board members, agents, volunteers, or employees of a registered 29
480480 compassion center shall be subject to arrest, prosecution, search, seizure, or penalty in any manner, 30
481481 or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by 31
482482 a business, occupational, or professional licensing board or entity, solely for working for or with a 32
483483 compassion center to engage in acts permitted by this section. 33
484484 (4) No state employee shall be subject to arrest, prosecution or penalty in any manner, or 34
485485
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488488 denied any right or privilege, including, but not limited to, civil penalty, disciplinary action, 1
489489 termination, or loss of employee or pension benefits, for any and all conduct that occurs within the 2
490490 scope of his or her employment regarding the administration, execution and/or enforcement of this 3
491491 act, and the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this section. 4
492492 (i) Prohibitions: 5
493493 (1) A compassion center must limit its inventory of seedlings, plants, and marijuana to 6
494494 reflect the projected needs of qualifying patients; 7
495495 (2) A compassion center may not dispense, deliver, or otherwise transfer marijuana to a 8
496496 person other than a patient cardholder or to a qualified patient’s primary caregiver or authorized 9
497497 purchaser. This provision shall not apply to hybrid cannabis retailers authorized pursuant to the 10
498498 provisions of § 21-28.11-10; 11
499499 (3) A compassion center may not procure, purchase, transfer, or sell marijuana to or from 12
500500 any entity other than a marijuana establishment licensee in accordance with the provisions of this 13
501501 chapter and chapter 28.11 of title 21 and the rules and regulations promulgated by the commission; 14
502502 (4) A person found to have violated subsection (h)(2) or (h)(3) of this section may not be 15
503503 an employee, agent, volunteer, principal officer, or board member of any compassion center; 16
504504 (5) An employee, agent, volunteer, principal officer or board member of any compassion 17
505505 center found in violation of subsection (h)(2) or (h)(3) of this section shall have his or her registry 18
506506 identification revoked immediately; 19
507507 (6) No person who has been convicted of a felony drug offense or has entered a plea of 20
508508 nolo contendere for a felony drug offense with a sentence of probation may be the principal officer, 21
509509 board member, or agent of a compassion center unless the department has determined that the 22
510510 person’s conviction was for the medical use of marijuana or assisting with the medical use of 23
511511 marijuana in accordance with the terms and conditions of this chapter. A person who is employed 24
512512 by or is an agent, volunteer, principal officer, or board member of a compassion center in violation 25
513513 of this section is guilty of a civil violation punishable by a fine of up to one thousand dollars 26
514514 ($1,000). A subsequent violation of this section is a misdemeanor; and 27
515515 (7) After March 1, 2023, and in accordance with a timeline established by the commission, 28
516516 no compassion center shall accept any out-of-state medical marijuana card unless the patient also 29
517517 possesses and produces a valid government identification demonstrating residency in the same state 30
518518 that issued the medical marijuana card. 31
519519 (j) Legislative oversight committee: 32
520520 (1) The general assembly shall appoint a nine-member (9) oversight committee comprised 33
521521 of: one member of the house of representatives; one member of the senate; one physician to be 34
522522
523523
524524 LC002427 - Page 15 of 16
525525 selected from a list provided by the Rhode Island medical society; one nurse to be selected from a 1
526526 list provided by the Rhode Island state nurses association; two (2) registered qualifying patients; 2
527527 one registered primary caregiver; one patient advocate to be selected from a list provided by the 3
528528 Rhode Island patient advocacy coalition; and the superintendent of the department of public safety, 4
529529 or his/her designee. 5
530530 (2) The oversight committee shall meet at least six (6) times per year for the purpose of 6
531531 evaluating and making recommendations to the general assembly regarding: 7
532532 (i) Patients’ access to medical marijuana; 8
533533 (ii) Efficacy of compassion centers; 9
534534 (iii) Physician participation in the Medical Marijuana Program; 10
535535 (iv) The definition of qualifying medical condition; and 11
536536 (v) Research studies regarding health effects of medical marijuana for patients. 12
537537 (3) On or before January 1 of every even numbered year, the oversight committee shall 13
538538 report to the general assembly on its findings. 14
539539 (k) License required. No person or entity shall engage in activities described in this section 15
540540 without a compassion center license issued by the department of business regulation. 16
541541 SECTION 2. This act shall take effect upon passage. 17
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548548 EXPLANATION
549549 BY THE LEGISLATIVE COUNCIL
550550 OF
551551 A N A C T
552552 RELATING TO FOOD AND DRUGS -- THE EDWARD O. HAWKIN S AND THOMAS C.
553553 SLATER MEDICAL MARIJUANA ACT
554554 ***
555555 This act would provide that the department of business regulation provide by regulation a 1
556556 requirement that the total allowable THC per package for retail-ready medical concentrates be a 2
557557 minimum of one thousand milligrams (1 gram). 3
558558 This act would take effect upon passage. 4
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