Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0847 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3
4	4
5	5	2025 -- S 0847
6	6	========
7	7	LC001984
8	8	========
9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO FOOD AND DRUGS -- COMPASSIONATE ACCESS TO MEDICAL
16	16	CANNABIS ACT
17	17	Introduced By: Senators Murray, Acosta, Bell, Thompson, Euer, McKenney, Lauria, and
18	18	Valverde
19	19	Date Introduced: March 19, 2025
20	20	Referred To: Senate Health & Human Services
21	21
22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby 1
25	25	amended by adding thereto the following chapter: 2
26	26	CHAPTER 28.12 3
27	27	COMPASSIONATE ACCESS TO MEDICAL CANNABIS ACT 4
28	28	21-28.12-1. Short title. 5
29	29	This chapter shall be known and may be cited as the “Compassionate Access to Medical 6
30	30	Cannabis Act” 7
31	31	21-28.12-2. Legislative purpose. 8
32	32	It is the purpose of this chapter to support the ability of a terminally ill patient to safely use 9
33	33	medicinal cannabis within specified healthcare facilities in compliance with the terms of the 10
34	34	Edward O. Hawkins and Thomas C. Slater Medical Marijuana act set forth in chapter 28.6 in title 11
35	35	21. 12
36	36	21-28.12-3. Definitions. 13
37	37	As used in this chapter, the following words and terms shall have the following meanings 14
38	38	unless the context shall clearly indicate another or different meaning or intent: 15
39	39	(1) “Healthcare facility” has the same meaning as defined in § 23-15-2. “Healthcare 16
40	40	facility” does not include a chemical dependency recovery facility. 17
41	41	(2) “Medicinal cannabis” means cannabis or a cannabis product used in compliance with 18
42	42
43	43
44	44	LC001984 - Page 2 of 4
45	45	the Edward O. Hawkins and Thomas C. Slater Medical Marijuana act set forth in chapter 28.6 of 1
46	46	title 21. 2
47	47	(3) “Patient” means an individual who is terminally ill. 3
48	48	(4) “Terminally ill” means a medical condition resulting in a prognosis of cessation of life 4
49	49	in one year or less, if the disease follows its natural course. 5
50	50	21-28.12-4. Terms and conditions to use medical cannabis. 6
51	51	(a) A healthcare facility shall permit patient use of medical cannabis and shall do all of the 7
52	52	following: 8
53	53	(1) Prohibit smoking or vaping as methods to use medicinal cannabis; 9
54	54	(2) Include the use of medicinal cannabis within the patient’s medical records; 10
55	55	(3) Require a patient to provide the healthcare facility with a copy of the patient’s valid 11
56	56	identification card, as described in §§ 3-8-6 or 3-8-6.1; 12
57	57	(4) Require a patient to provide the healthcare facility with a copy of their medical 13
58	58	marijuana card or written documentation that the use of medicinal cannabis is recommended by a 14
59	59	physician; 15
60	60	(5) Reasonably restrict the manner in which a patient stores and uses medicinal cannabis, 16
61	61	including requiring the medicinal cannabis to be stored in a locked container, to ensure the safety 17
62	62	of other patients, guests, and employees of the healthcare facility, compliance with other state laws, 18
63	63	and the safe operations of the healthcare facility; and 19
64	64	(6) Develop and disseminate written guidelines pursuant to this chapter, for the use of 20
65	65	medicinal cannabis within the healthcare facility. 21
66	66	(b) This section does not apply to a patient receiving emergency services and care. 22
67	67	21-28.12-5. Compliance with drug and medication requirements. 23
68	68	Notwithstanding the classification of medicinal cannabis as a Schedule I drug and any other 24
69	69	law, health facilities permitting patient use of medicinal cannabis shall comply with drug and 25
70	70	medication requirements applicable to Schedule II, III, and IV drugs and shall be subject to 26
71	71	enforcement actions by the department of health. 27
72	72	21-28.12-6. Limited obligation of health facility. 28
73	73	This chapter does not require a healthcare facility to provide a patient with a 29
74	74	recommendation to use medicinal cannabis or include medicinal cannabis in a patient’s discharge 30
75	75	plan. 31
76	76	21-28.12-7. Compliance and limitation. 32
77	77	(a) Compliance with this chapter shall not be a condition for obtaining, retaining, or 33
78	78	renewing a license as a healthcare facility. 34
79	79
80	80
81	81	LC001984 - Page 3 of 4
82	82	(b) This chapter does not reduce, expand, or otherwise modify the laws restricting the 1
83	83	cultivation, possession, distribution, or use of cannabis that may be otherwise applicable. 2
84	84	21-28.12-8. Federal authority. 3
85	85	(a) If a federal regulatory agency, the United States Department of Justice (US DOJ), or 4
86	86	the federal Centers for Medicare and Medicaid Services (CMS) takes one of the following actions, 5
87	87	a healthcare facility may suspend compliance with §21-28.12-4 until the regulatory agency, the US 6
88	88	DOJ, or CMS notifies the healthcare facility that it may resume permitting the use of medicinal 7
89	89	cannabis within the facility: 8
90	90	(1) A federal regulatory agency or the US DOJ initiates enforcement action against a 9
91	91	healthcare facility related to the facility’s compliance with a state-regulated medical marijuana 10
92	92	program; and 11
93	93	(2) A federal regulatory agency, the US DOJ, or CMS issues a rule or otherwise provides 12
94	94	notification to the healthcare facility that expressly prohibits the use of medical marijuana in 13
95	95	healthcare facilities or otherwise prohibits compliance with a state-regulated medical marijuana 14
96	96	program. 15
97	97	(b) This section does not permit a healthcare facility to prohibit patient use of medicinal 16
98	98	cannabis due solely to the fact that cannabis is a Schedule I drug pursuant to the federal Uniform 17
99	99	Controlled Substances Act, or other federal constraints on the use of medicinal cannabis that were 18
100	100	in existence prior to the enactment of this chapter. 19
101	101	21-28.12-9. Severability. 20
102	102	If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any 21
103	103	court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate 22
104	104	the remainder of the chapter but shall be confined in its operation to the clause, sentence, paragraph, 23
105	105	section, or part directly involved in the controversy in which that judgment shall have been 24
106	106	rendered. 25
107	107	SECTION 2. This act shall take effect upon passage. 26
108	108	========
109	109	LC001984
110	110	========
111	111
112	112
113	113	LC001984 - Page 4 of 4
114	114	EXPLANATION
115	115	BY THE LEGISLATIVE COUNCIL
116	116	OF
117	117	A N A C T
118	118	RELATING TO FOOD AND DRUGS -- COMPASSIONATE ACCESS TO MEDICAL
119	119	CANNABIS ACT
120	120	***
121	121	This act would require certain healthcare facilities to allow a terminally ill patient’s use of 1
122	122	medicinal cannabis within the healthcare facility, subject to the following restrictions including: 2
123	123	requiring a patient to provide the healthcare facility with an ID and a copy of their medical 3
124	124	marijuana card or written documentation that the use of medicinal cannabis is recommended by a 4
125	125	physician, and requiring a healthcare facility to restrict how a patient stores and uses medicinal 5
126	126	cannabis to ensure the safety of other patients, guests, and employees of the healthcare facility. The 6
127	127	act would also provide that compliance with the bill would not be a condition for obtaining, 7
128	128	retaining, or renewing a license as a healthcare facility. 8
129	129	The act would authorize a healthcare facility to suspend compliance with these provisions 9
130	130	if a federal agency takes specified actions. 10
131	131	This act would take effect upon passage. 11
132	132	========
133	133	LC001984
134	134	========
135	135