2021 -- S 0252

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LC001276

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO FOOD AND DRUGS -- THE EDWARD O. HAWKINS AND THOMAS C.

SLATER MEDICAL MARIJUANA ACT

     

     Introduced By: Senators Lombardo, Miller, Ruggerio, Gallo, Kallman, McCaffrey, and
Goodwin

     Date Introduced: February 10, 2021

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 21-28.6-3 of the General Laws in Chapter 21-28.6 entitled "The

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Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act" is hereby amended to read as

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follows:

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     21-28.6-3. Definitions.

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     For the purposes of this chapter:

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     (1) "Authorized purchaser" means a natural person who is at least twenty-one (21) years

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old and who is registered with the department of health for the purposes of assisting a qualifying

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patient in purchasing marijuana from a compassion center. An authorized purchaser may assist no

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more than one patient, and is prohibited from consuming marijuana obtained for the use of the

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qualifying patient. An authorized purchaser shall be registered with the department of health and

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shall possesses a valid registry identification card.

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     (2) "Cannabis" means all parts of the plant of the genus marijuana, also known as marijuana

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sativa L. whether growing or not; the seeds thereof; the resin extracted from any part of the plant;

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and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds,

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or resin regardless of cannabinoid content or cannabinoid potency including "marijuana," and

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"industrial hemp" or "industrial hemp products" which satisfy the requirements of chapter 26 of

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title 2.

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     (3) "Cannabis testing laboratory" means a third-party analytical testing laboratory licensed

 

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by the department of health, in coordination with the department of business regulation, to collect

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and test samples of cannabis.

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     (4) "Cardholder" means a person who has been registered or licensed with the department

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of health or the department of business regulation pursuant to this chapter and possesses a valid

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registry identification card or license.

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     (5) "Commercial unit" means a building, or other space within a commercial or industrial

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building, for use by one business or person and is rented or owned by that business or person.

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     (6)(i) "Compassion center" means a not-for-profit corporation, subject to the provisions of

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chapter 6 of title 7, and is licensed under § 21-28.6-12, that acquires, possesses, cultivates,

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manufactures, delivers, transfers, transports, supplies, or dispenses medical marijuana, and/or

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related supplies and educational materials, to patient cardholders and/or their registered caregiver

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cardholder or authorized purchaser.

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     (ii) "Compassion center cardholder" means a principal officer, board member, employee,

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volunteer, or agent of a compassion center who has registered with the department of business

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regulation and has been issued and possesses a valid, registry identification card.

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     (7) "Debilitating medical condition" means:

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     (i) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune

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deficiency syndrome, Hepatitis C, post-traumatic stress disorder, or the treatment of these

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conditions;

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     (ii) A chronic or debilitating disease or medical condition, or its treatment, that produces

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one or more of the following: cachexia or wasting syndrome; severe, debilitating, chronic pain;

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severe nausea; seizures, including but not limited to, those characteristic of epilepsy; or severe and

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persistent muscle spasms, including but not limited to, those characteristic of multiple sclerosis or

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Crohn's disease; or agitation of Alzheimer's Disease; or

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     (iii) Any other medical condition or its treatment approved by the department of health, as

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provided for in § 21-28.6-5.

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     (8) "Department of business regulation" means the office of cannabis regulation within the

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Rhode Island department of business regulation or its successor agency.

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     (9) "Department of health" means the Rhode Island department of health or its successor

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agency.

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     (10) "Department of public safety" means the Rhode Island department of public safety or

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its successor agency.

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     (11) "Dried marijuana" means the dried leaves and flowers of the marijuana plant as

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defined by regulations promulgated by the department of business regulation.

 

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     (12) "Dwelling unit" means the room, or group of rooms, within a residential dwelling used

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or intended for use by one family or household, or by no more than three (3) unrelated individuals,

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with facilities for living, sleeping, sanitation, cooking, and eating.

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     (13) "Equivalent amount" means the portion of usable marijuana, be it in extracted, edible,

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concentrated, or any other form, found to be equal to a portion of dried marijuana, as defined by

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regulations promulgated by the department of business regulation.

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     (14) "Immature marijuana plant" means a marijuana plant, rooted or unrooted, with no

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observable flower or buds.

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     (15) "Licensed medical marijuana cultivator" means a person or entity, as identified in §

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43-3-6, who or that has been licensed by the department of business regulation to cultivate medical

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marijuana pursuant to § 21-28.6-16.

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     (16) "Marijuana" has the meaning given that term in § 21-28-1.02.

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     (17) "Marijuana establishment licensee" means any person or entity licensed by the

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department of business regulation under this chapter whose license permits it to engage in or

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conduct activities in connection with the medical marijuana program. "Marijuana establishment

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licensees" shall include compassion centers, medical marijuana cultivators, and cannabis testing

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laboratories.

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     (18) "Mature marijuana plant" means a marijuana plant that has flowers or buds that are

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readily observable by an unaided visual examination.

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     (19) "Medical marijuana emporium" means any establishment, facility or club, whether

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operated for-profit or nonprofit, or any commercial unit, at which the sale, distribution, transfer, or

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use of medical marijuana or medical marijuana products is proposed and/or occurs to, by or among

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registered patients, registered caregivers, authorized purchaser cardholders or any other person.

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This shall not include a compassion center regulated and licensed by the department of business

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regulation pursuant to the terms of this chapter.

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     (20) "Medical marijuana" means marijuana and marijuana products that satisfy the

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requirements of this chapter and have been given the designation of "medical marijuana" due to

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dose, potency, form. Medical marijuana products are only available for use by patient cardholders,

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and may only be sold to or possessed by patient cardholders, or their registered caregiver, or

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authorized purchaser in accordance with this chapter. Medical marijuana may not be sold to,

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possessed by, manufactured by, or used except as permitted under this chapter.

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     (21) "Medical marijuana plant tag set" or "plant tag" means any tag, identifier, registration,

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certificate, or inventory tracking system authorized or issued by the department or which the

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department requires be used for the lawful possession and cultivation of medical marijuana plants

 

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in accordance with this chapter.

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     (22) "Medical use" means the acquisition, possession, cultivation, manufacture, use,

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delivery, transfer, or transportation of medical marijuana or paraphernalia relating to the

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consumption of marijuana to alleviate a patient cardholder's debilitating medical condition or

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symptoms associated with the medical condition in accordance with the provisions of this chapter.

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     (23) "Practitioner" means a person who is licensed with authority to prescribe drugs

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pursuant to chapters 34, 37, and 54 of title 5, who may provide a qualifying patient with a written

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certification in accordance with regulations promulgated by the department of health.

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     (24) "Primary caregiver" means a natural person who is at least twenty-one (21) years old

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who is registered under this chapter in order to, and who may assist one qualifying patient, but no

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more than five (5) qualifying patients, with their medical use of marijuana, provided that a qualified

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patient may also serve as his or her own primary caregiver subject to the registration and

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requirements set forth in § 21-28.6-4.

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     (25) "Qualifying patient" means a person who has been certified by a practitioner as having

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a debilitating medical condition and is a resident of Rhode Island or an animal who has been

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certified by a veterinary practitioner as having a debilitating medical condition.

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     (26) "Registry identification card" means a document issued by the department of health

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or the department of business regulation, as applicable, that identifies a person as a registered

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qualifying patient, a registered primary caregiver, or authorized purchaser, or a document issued

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by the department of business regulation that identifies a person as a registered principal officer,

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board member, employee, volunteer, or agent of a compassion center, licensed medical marijuana

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cultivator, cannabis testing lab, or any other medical marijuana licensee.

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     (27) "Unusable marijuana" means marijuana seeds, stalks, and unusable roots and shall not

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count towards any weight-based possession limits established in this chapter.

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     (28) "Usable marijuana" means the leaves and flowers of the marijuana plant, and any

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mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant.

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     (29) "Veterinary practitioner" means a person licensed to practice veterinary medicine

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pursuant to chapter 25 of title 5, who may provide a qualifying patient with a written certification

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in accordance with regulations promulgated by the department of health.

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     (29)(30) "Wet marijuana" means the harvested leaves and flowers of the marijuana plant

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before they have reached a dry state, as defined by regulations promulgated by the department of

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health and department of business regulation.

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     (30)(31) "Written certification" means a statement signed by a practitioner, stating that, in

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the practitioner's professional opinion, the potential benefits of the medical use of marijuana would

 

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likely outweigh the health risks for the qualifying patient. A written certification shall be made only

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in the course of a bona fide, practitioner-patient relationship after the practitioner has completed a

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full assessment of the qualifying patient's medical history. The written certification shall specify

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the qualifying patient's debilitating medical condition or conditions which may include the

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qualifying patient's relevant medical records.

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     SECTION 2. This act shall take effect upon passage.

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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

***

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     This act would expand the definition of "qualifying patient" to include any animal having

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a debilitating medical condition as determined by a veterinarian for purposes of a recommendation

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for medical marijuana.

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     This act would take effect upon passage.

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LC001276

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