2021 -- S 0568 SUBSTITUTE A | |
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LC002305/SUB A/3 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2021 | |
____________ | |
A N A C T | |
RELATING TO FOOD AND DRUGS -- CANNABIS AUTHORIZATION, REGULATION | |
AND TAXATION | |
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Introduced By: Senators Miller, McCaffrey, Goodwin, Ruggerio, Coyne, Felag, Euer, | |
Date Introduced: March 09, 2021 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby |
2 | amended by adding thereto the following chapter: |
3 | CHAPTER 28.11 |
4 | THE CANNABIS AUTHORIZATION, REGULATION AND TAXATION ACT |
5 | 21-28.11-1. Short title. |
6 | This chapter shall be known and may be cited as the "Cannabis Authorization, Regulation |
7 | and Taxation Act". |
8 | 21-28.11-2. Legislative intent. |
9 | It is the intent of the general assembly in enacting this chapter to do the following: |
10 | (1) To regulate cannabis in order to more effectively limit minors' access to cannabis. |
11 | (2) To reduce criminal activity and violence associated with illegal cannabis cultivation, |
12 | smuggling and sale. |
13 | (3) To provide for public health and safety. |
14 | (4) To raise funds to address and discourage substance abuse, to encourage social justice |
15 | and support drug education and awareness. |
16 | 21-28.11-3. Definitions. |
17 | For purposes of this chapter, the following words, terms and phrases shall have the |
18 | following meanings: |
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1 | (1) ''Cannabinoid'' means any of several compounds produced by cannabis plants that have |
2 | medical and psychotropic effects. |
3 | (2) ''Cannabinoid profile" means amounts, expressed as the dry-weight percentages, of |
4 | delta-nine-tetrahydrocannabinol, cannabidiol, tetrehydrocannabinolic acid and cannabidiolic acid |
5 | in a cannabis product. Amounts of other cannabinoids may be required by the commission. |
6 | (3) "Cannabis" or "Marijuana" has the same meaning as "Cannabis" as set forth in § 21- |
7 | 28.6-3. |
8 | (4) ''Cannabis concentrate'' means the resin extracted from any part of the plant of the genus |
9 | cannabis and every compound, manufacture, salt, derivative, mixture or preparation of that resin |
10 | but shall not include the weight of any other ingredient combined with cannabis to prepare cannabis |
11 | products. |
12 | (5) ''Close associate'' means a person who holds a legally recognized financial interest in, |
13 | or is entitled to exercise power in, the business of an applicant or licensee and, by virtue of that |
14 | interest or power, is able to exercise a significant influence over the management or operation of a |
15 | cannabis establishment licensed under this chapter. |
16 | (6) ''Consumer'' means a person who is at least twenty-one (21) years of age. |
17 | (7) ''Controlling person'' means an officer, board member or other individual who has a |
18 | financial or voting interest of ten percent (10%) or greater in a cannabis establishment. |
19 | (8) ''Commission'' means the Rhode Island cannabis control commission established by § |
20 | 21-28.11-4. |
21 | (9) "Craft cannabis cultivation" means a resident of the state licensed pursuant to the |
22 | provisions of § 21-28.11-5 to cultivate a limited quantity of cannabis as established by the |
23 | commission for sale to a licensed establishment or entity, but not to consumers. |
24 | (10) ''Craft cannabis cultivator cooperative'' means a cannabis cultivator comprised of more |
25 | than one resident of the state organized as a limited liability company or limited liability partnership |
26 | under the laws of the state, or an appropriate business structure as determined by the commission, |
27 | and that is licensed to cultivate, obtain, manufacture, process, package and brand cannabis and |
28 | cannabis products in limited quantities as established by the commission pursuant to § 21-28.11-5 |
29 | and authorized to sell and deliver cannabis to a licensed cannabis establishment or entity but not to |
30 | consumers. |
31 | (11) ''Cultivation batch'' means a collection of cannabis plants from the same seed or plant |
32 | stock that are cultivated and harvested together, and receive an identical propagation and cultivation |
33 | treatment, including, but not limited to: growing media, ambient conditions, watering and light |
34 | regimes and agricultural or hydroponic inputs. The cannabis cultivator licensee shall assign and |
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1 | record a unique, sequential alphanumeric identifier to each cultivation batch for the purposes of |
2 | production tracking, product labeling and product recalls. |
3 | (12) ''Finished cannabis'' means a usable cannabis, cannabis resin or cannabis concentrate. |
4 | (13) ''Hemp'' means the plant of the genus cannabis or any part of the plant, whether |
5 | growing or not, with a delta-9-tetrahydrocannabinol concentration that does not exceed three tenths |
6 | of one percent (0.3%) on a dry weight basis of any part of the plant of the genus cannabis, or per |
7 | volume or weight of cannabis product, or the combined per cent of delta-9-tetrahydrocannabinol |
8 | and tetrahydrocannabinolic acid in any part of the plant of the genus cannabis regardless of moisture |
9 | content. |
10 | (14) ''Host community'' means a municipality in which a cannabis establishment or a |
11 | medical cannabis treatment center is located or in which an applicant has proposed locating a |
12 | cannabis establishment or a medical cannabis treatment center. |
13 | (15) ''Independent testing laboratory'' means a laboratory that is licensed by the commission |
14 | and is: |
15 | (i) Accredited to the most current International Organization for Standardization 17025 by |
16 | a third-party accrediting body that is a signatory to the International Laboratory Accreditation |
17 | Cooperation mutual recognition arrangement or that is otherwise approved by the commission; |
18 | (ii) Independent financially from any medical cannabis treatment center or any licensee or |
19 | cannabis establishment for which it conducts a test; and |
20 | (iii) Qualified to test cannabis in compliance with regulations promulgated by the |
21 | commission pursuant to this chapter. The term includes, but is not limited to, an independent testing |
22 | laboratory as provided in § 21-28.11-11. |
23 | (16) ''Laboratory agent'' means an employee of an independent testing laboratory who |
24 | transports, possesses or tests cannabis. |
25 | (17) ''Licensee'' means a person or entity licensed by the commission pursuant to the |
26 | provisions of this chapter. Any business structure recognized under title 7 of the general laws, |
27 | including but not limited to corporations, partnerships, limited partnerships, limited-liability |
28 | companies, and workers' cooperatives, which is otherwise qualified, is eligible to be considered by |
29 | the commission as an entity licensee. |
30 | (18) ''Manufacture'' means to compound, blend, extract, infuse or otherwise make or |
31 | prepare a cannabis product. |
32 | (19) ''Marijuana'' or ''Marihuana'' or "Cannabis" means all parts of any plant of the genus |
33 | cannabis, not excepted below and whether growing or not; the seeds thereof; and resin extracted |
34 | from any part of the plant; and every compound, manufacture, salt, derivative, mixture or |
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1 | preparation of the plant, its seeds or resin including tetrahydrocannabinol; provided, however, that |
2 | ''cannabis'' shall not include: |
3 | (i) The mature stalks of the plant, fiber produced from the stalks, oil, or cake made from |
4 | the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of |
5 | the mature stalks, fiber, oil or cake made from the seeds of the plant or the sterilized seed of the |
6 | plant that is incapable of germination; |
7 | (ii) Hemp; or |
8 | (iii) The weight of any other ingredient combined with cannabis to prepare topical or oral |
9 | administrations, food, drink or other products. |
10 | (20) ''Marijuana accessories'' or "cannabis accessories" means equipment, products, |
11 | devices or materials of any kind that are intended or designed for use in planting, propagating, |
12 | cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, |
13 | preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling or |
14 | otherwise introducing cannabis into the human body. |
15 | (21) ''Marijuana cultivator'' or "cannabis cultivator" means an entity licensed to cultivate, |
16 | process and package cannabis, to deliver cannabis to cannabis establishments and to transfer |
17 | cannabis to other cannabis establishments, but not to consumers. |
18 | (22) ''Marijuana establishment'' or "cannabis establishment" means a cannabis cultivator, |
19 | independent testing laboratory, cannabis product manufacturer, cannabis retailer or any other type |
20 | of licensed cannabis-related business. |
21 | (23) ''Marijuana product manufacturer'' or "cannabis product manufacturer" means an |
22 | entity licensed to obtain, manufacture, process and package cannabis and cannabis products, to |
23 | deliver cannabis and cannabis products to cannabis establishments and to transfer cannabis and |
24 | cannabis products to other cannabis establishments, but not to consumers. |
25 | (24) ''Marijuana products'' or "cannabis products" means products that have been |
26 | manufactured and contain cannabis or an extract from cannabis, including concentrated forms of |
27 | cannabis and products composed of cannabis and other ingredients that are intended for use or |
28 | consumption, including edible products, beverages, topical products, ointments, oils and tinctures. |
29 | (25) ''Marijuana retailer'' or "cannabis retailer" means an entity licensed to purchase and |
30 | deliver cannabis and cannabis products from cannabis establishments and to deliver, sell or |
31 | otherwise transfer cannabis and cannabis products to cannabis establishments and to consumers. |
32 | (26) "Medical marijuana treatment center" or "Medical cannabis treatment center" includes |
33 | a compassion center, a medical marijuana emporium, or marijuana establishment licensee who |
34 | operates a treatment center, all as defined in § 21-28.6-3. |
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1 | (27) ''Mycotoxin'' means a secondary metabolite of a microfungus that is capable of causing |
2 | death or illness in humans and other animals. For the purposes of this chapter, mycotoxin shall |
3 | include alfatoxin B1, alfatoxin B2, alfatoxin G1, alfatoxin G2 and ochratoxin A. |
4 | (28) ''Process'' or ''processing'' means to harvest, dry, cure, trim and separate parts of the |
5 | cannabis plant by manual or mechanical means, except it shall not include manufacture as defined |
6 | in this section. |
7 | (29) ''Production batch'' means a batch of finished plant material, cannabis resin, cannabis |
8 | concentrate or cannabis-infused product made at the same time, using the same methods, equipment |
9 | and ingredients. The licensee shall assign and record a unique, sequential alphanumeric identifier |
10 | to each production batch for the purposes of production tracking, product labeling and product |
11 | recalls. All production batches shall be traceable to one or more cannabis cultivation batches. |
12 | (30) ''Residual solvent'' means a volatile organic chemical used in the manufacture of a |
13 | cannabis product and that is not completely removed by practical manufacturing techniques. |
14 | (31) ''Terpenoid'' means an isoprene that are the aromatic compounds found in cannabis, |
15 | including, but not limited to: limonene, myrcene, pinene, linalool, eucalyptol, Δ-terpinene, ß- |
16 | caryophyllene, caryophyllene oxide, nerolidol and phytol. |
17 | (32) ''Unreasonable and impracticable'' means that the measures necessary to comply with |
18 | the regulations, ordinances or by-laws adopted pursuant to this chapter subject licensees to |
19 | unreasonable risk or require such a high investment of risk, money, time or any other resource or |
20 | asset that a reasonably prudent businessperson would not operate a cannabis establishment. |
21 | 21-28.11-4. Establishment of commission. |
22 | (a) There is hereby established a cannabis control commission which shall consist of five |
23 | (5) commissioners appointed by the governor with the advice and consent of the senate as follows: |
24 | one of whom shall be nominated by the governor in consultation with the director of the department |
25 | of health and shall have a background in public health, mental health, substance use or toxicology; |
26 | one of whom shall be nominated by the governor in consultation with the attorney general and shall |
27 | have a background in public safety; one of whom shall be nominated by the governor in |
28 | consultation with the general treasurer and shall have experience in corporate management, finance |
29 | or securities; and two (2) of whom shall be nominated by the governor, of whom one shall have |
30 | professional experience in oversight or industry management, including commodities, production |
31 | or distribution in a regulated industry, and the other one of whom shall have a background in legal, |
32 | policy or social justice issues related to a regulated industry. The members of the commission shall |
33 | select and designate the chair of the commission. The chair shall serve in that capacity throughout |
34 | the term of his or her initial appointment and until a successor shall be appointed. Prior to |
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1 | appointment to the commission, a background investigation shall be conducted into the financial |
2 | stability, integrity and responsibility of a candidate, including the candidate's reputation for good |
3 | character, and honesty. |
4 | (b) Each commissioner shall be a resident of the state within ninety (90) days of |
5 | appointment, and while serving on the commission, shall not: |
6 | (1) Hold, or be a candidate for, federal, state or local elected office; |
7 | (2) Hold an appointed office in a federal, state or local government; or |
8 | (3) Serve as an official in a political party. Not more than three (3) commissioners shall be |
9 | from the same political party. |
10 | (c) Each commissioner shall serve for a term of five (5) years or until a successor is |
11 | appointed, and shall be eligible for reappointment; provided, however, that no commissioner shall |
12 | serve more than ten (10) years, and selection and designation of a chairperson shall occur at least |
13 | every five (5) years. A person appointed to fill a vacancy in the office of a commissioner shall be |
14 | appointed in a like manner and shall serve for only the unexpired term of that commissioner. |
15 | (d) A commissioner may be removed with or without cause pursuant to the provisions of § |
16 | 36-1-7. The governor shall remove a commissioner with advice and consent of the senate if the |
17 | commissioner: |
18 | (1) Is guilty of malfeasance in office; |
19 | (2) Substantially neglects the duties of a commissioner; |
20 | (3) Is unable to discharge the powers and duties of the office; |
21 | (4) Commits gross misconduct; or |
22 | (5) Is convicted of a felony. |
23 | (e) Commissioners shall receive salaries as determined by the governor in consultation with |
24 | the speaker of the house and the president of the senate. Commissioners shall devote their full time |
25 | and attention to the duties of their office. |
26 | (f) The commission shall annually elect one of its members to serve as secretary and one |
27 | of its members to serve as treasurer. The secretary shall keep a record of the proceedings of the |
28 | commission and shall be the custodian and keeper of the records of all books, documents and papers |
29 | filed by the commission and of its minute book. The secretary shall cause copies to be made of all |
30 | minutes and other records and documents of the commission and shall certify that such copies are |
31 | true copies and all persons dealing with the commission may rely upon such certification. These |
32 | records shall also be subject to the provisions of title 38, "public records." The chair shall have and |
33 | exercise supervision and control over all the affairs of the commission. The chair shall preside at |
34 | all hearings at which the chair is present and shall designate a commissioner to act as chair in the |
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1 | chair's absence. To promote efficiency in administration, the chair shall make such division or re- |
2 | division of the work of the commission among the commissioners as the chair deems expedient. |
3 | (g) The commissioners shall, if so directed by the chair, participate in the hearing and |
4 | decision of any matter before the commission; provided, however, that at least two (2) |
5 | commissioners shall participate in the hearing and decision of matters other than those of formal or |
6 | administrative character coming before the commission; and provided further, that any such matter |
7 | may be heard, examined and investigated by an employee of the commission designated and |
8 | assigned by the chair, with the concurrence of one other commissioner. For all formal matters, a |
9 | majority of the commissioners is required to hear and approve all formal matters. Such employee |
10 | shall make a report in writing relative to the hearing, examination and investigation of every such |
11 | matter to the commission for its decision. For the purposes of hearing, examining and investigating |
12 | any such matter, such employee shall have all of the powers conferred upon a commissioner by this |
13 | section. |
14 | (h) The commission shall appoint an executive director. The executive director shall serve |
15 | at the pleasure of the commission, shall receive such salary as may be determined by the |
16 | commission, and shall devote full time and attention to the duties of the office. The executive |
17 | director shall be a person with skill and experience in management, shall be the executive and |
18 | administrative head of the commission, and shall be responsible for administering and enforcing |
19 | the law relative to the commission and to each administrative unit thereof. The executive director |
20 | shall appoint and employ a chief financial and accounting officer and may, subject to the approval |
21 | of the commission, employ other employees, consultants, agents and advisors, including legal |
22 | counsel, and shall attend meetings of the commission. The chief financial and accounting officer |
23 | of the commission shall be in charge of its funds, books of account and accounting records. No |
24 | funds shall be transferred by the commission without the approval of the commission and the |
25 | signatures of the chief financial and accounting officer and the treasurer of the commission. In the |
26 | case of an absence or vacancy in the office of the executive director or in the case of disability as |
27 | determined by the commission, the commission may designate an acting executive director to serve |
28 | as executive director until the vacancy is filled or the absence or disability ceases. The acting |
29 | executive director shall have all of the powers and duties of the executive director and shall have |
30 | similar qualifications as the executive director. |
31 | (i) The provisions of chapter 14 of title 36, the state code of ethics, shall apply to the |
32 | commissioners and to employees of the commission; provided, however, that the commission may |
33 | promulgate an internal code of ethics for all members and employees that may be more restrictive |
34 | than the provisions of chapter 14 of title 36. A copy of any internal code of ethics adopted or as |
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1 | amended shall be filed with the state ethics commission. The internal code may include provisions |
2 | reasonably necessary to carry out the purposes of this section. |
3 | (j) The cannabis control commission shall be a public body for the purposes of the open |
4 | meetings act, chapter 46 of title 42. |
5 | (k) The commission shall, for the purposes of compliance with state finance law, operate |
6 | as a state agency and shall be subject to the laws applicable to agencies under the control of the |
7 | governor; provided, however, that the executive director may identify any additional instructions |
8 | or actions necessary for the department of administration to manage fiscal operations in the state |
9 | accounting system and meet statewide and other governmental accounting and audit standards. The |
10 | commission shall properly classify the commission's operating and capital expenditures, and shall |
11 | not include any salaries of employees in the commission's capital expenditures. Unless otherwise |
12 | exempted by law, the commission shall participate in any other available state administrative |
13 | services including, but not limited to, the state payroll system, the state retirement system, and state |
14 | purchases. |
15 | (l) The commission shall not discriminate by considering race, color, religion, sex, sexual |
16 | orientation, gender identity or expression, age, national origin, or disability in granting, denying, |
17 | or revoking a license, nor shall any person, corporation, or business firm which is licensed pursuant |
18 | to the provisions of this chapter unlawfully discriminate against or segregate any person on these |
19 | grounds. All businesses licensed by the commission shall operate on a nondiscriminatory basis, |
20 | according to equal employment treatment and access to their services to all persons, except unless |
21 | otherwise exempted by the laws of the state. Any licensee, or retail sales permit holder who fails to |
22 | comply with this policy is subject to any disciplinary action that is consistent with the legal |
23 | authority and rules and regulations of the commission. The commission shall cooperate with the |
24 | state equal opportunity office to prevent any person, corporation, or business firm from |
25 | discriminating because of race, color, religion, sex, sexual orientation, gender identity or |
26 | expression, age, national origin, or disability or from participating in any practice which may have |
27 | a disparate effect on any protected class within the population. The state equal opportunity office |
28 | shall monitor the equal employment opportunity activities and affirmative action plans of the |
29 | commission. |
30 | 21-28.11-5. Powers and duties of the commission. |
31 | (a) Subject to the state code of ethics and any internal ethics code adopted by the |
32 | commission, the commission shall have all the powers necessary or reasonable to carry out and |
33 | effectuate its purposes including, but not limited to, the power to: |
34 | (1) Appoint officers and hire employees; |
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1 | (2) Establish and amend a plan of organization that it considers expedient; |
2 | (3) Execute all instruments necessary or reasonable for accomplishing the purposes of this |
3 | chapter; |
4 | (4) Enter into agreements or other transactions with a person, including, but not limited to, |
5 | a public entity or other governmental instrumentality or authority in connection with its powers and |
6 | duties under this chapter; |
7 | (5) Appear on its own behalf before boards, commissions, departments or other agencies |
8 | of municipal, state or federal government; |
9 | (6) Apply for and accept subventions, grants, loans, advances and contributions of money, |
10 | property, labor or other things of value from any source, to be held, used and applied for its |
11 | purposes; |
12 | (7) Provide and pay for advisory services and technical assistance as may be necessary in |
13 | its judgment to carry out the purpose and intent of this chapter and fix the compensation of persons |
14 | providing such services or assistance; |
15 | (8) Prepare, publish and distribute, with or without charge as the commission may |
16 | determine, such studies, reports, bulletins and other materials as the commission considers |
17 | appropriate; |
18 | (9) Require an applicant for licensure under this chapter to apply for such licensure and |
19 | approve or disapprove any such application or other transactions, events and processes as provided |
20 | in this chapter; |
21 | (10) Determine which applicants shall be awarded licenses; |
22 | (11) Deny an application or limit, condition, restrict, revoke or suspend a license; |
23 | (12) Establish a registration process; |
24 | (13) Review data and market conditions on an annual basis to determine the maximum |
25 | number of licenses that shall be issued to meet the production demands to implement the provisions |
26 | of this chapter; |
27 | (14) Conduct and administer procedures and hearings in compliance with the |
28 | Administrative Procedures Act, chapter 35 of title 42, for adoption of rules or regulations, issuance, |
29 | denial or revocation of licenses or permits; or for violation of the provisions of this chapter or the |
30 | rules and regulations adopted pursuant to the provisions of this chapter. The commissioner may |
31 | impose a civil penalty of not more than five thousand dollars ($5,000) and a suspension or |
32 | revocation of any license for each violation of the provisions of this chapter or the rules and/or |
33 | regulations promulgated pursuant to the provisions of this chapter; |
34 | (15) Gather facts and information applicable to the commission's obligation to issue, deny, |
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1 | suspend or revoke licenses and registrations for: |
2 | (i) A violation of this chapter or any rule or regulation adopted by the commission; |
3 | (ii) Willfully violating an order of the commission directed to a licensee or a person |
4 | required to be registered; |
5 | (iii) The conviction of a criminal offense for the purpose of determining whether said |
6 | conviction substantially relates to the occupation or activity to which the license or registration |
7 | applies; or |
8 | (iv) Any other action or conduct which would disqualify such a licensee from holding a |
9 | license; |
10 | (16) Conduct investigations into the qualifications of all applicants for employment by the |
11 | commission and all applicants for licensure; |
12 | (17) Receive from the state police, the department of attorney general or other criminal |
13 | justice agencies including, but not limited to, the Federal Bureau of Investigation and the Internal |
14 | Revenue Service, such criminal record information relating to criminal and background |
15 | investigations as necessary for the purpose of evaluating licensees, applicants for license, lab |
16 | agents, and any other employees or agents of a cannabis establishment, as determined by the |
17 | commission; |
18 | (18) Be present, through its inspectors and agents, at any reasonable time, in cannabis |
19 | establishments for the purposes of exercising its oversight responsibilities; |
20 | (19) Inspect cannabis establishments and have access to all equipment and supplies in a |
21 | cannabis establishment for the purpose of ensuring and enforcing compliance with this chapter and |
22 | all rules and regulations promulgated pursuant to this chapter; |
23 | (20) Seize and remove from the premises of a cannabis establishment and impound any |
24 | cannabis, equipment, supplies, documents and records obtained or possessed in violation of this |
25 | chapter or the rules and regulations of the commission; |
26 | (21) For cause, demand access to and inspect all papers, books and records of close |
27 | associates of a licensee whom the commission suspects is involved in the financing, operation or |
28 | management of the licensee; provided, however, that the inspection, examination, photocopying |
29 | and audit may take place on the affiliate's premises or elsewhere as practicable and in the presence |
30 | of the affiliate or its agent; |
31 | (22) Require that the books and financials or other records or statements of a licensee be |
32 | kept in a manner that the commission considers proper; |
33 | (23) Impose fees and civil penalties, as authorized by this chapter, and impose civil |
34 | penalties and sanctions for a violation of any rule or regulation promulgated by the commission; |
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1 | (24) Collect fees and civil penalties pursuant to the provisions of this chapter; |
2 | (25) Conduct adjudicatory proceedings and promulgate regulations; |
3 | (26) Refer cases for criminal prosecution to the appropriate federal, state or local |
4 | authorities; |
5 | (27) Maintain an official internet website for the commission; |
6 | (28) Monitor any federal activity regarding cannabis; and |
7 | (29) Adopt, amend or repeal rules and regulations for the implementation, administration |
8 | and enforcement of this chapter. |
9 | (b) The commission shall, adopt rules and regulations consistent with this chapter for the |
10 | administration, clarification and enforcement of provisions regulating and licensing cannabis |
11 | establishments. The rules and regulations shall include but not be limited to: |
12 | (1) Methods and forms of application which an applicant for a license shall follow and |
13 | complete before consideration by the commission; |
14 | (2) A schedule of application, license and renewal fees; provided, however, that fees may |
15 | be relative to the volume of business conducted or to be conducted by the cannabis establishment; |
16 | (3) Qualifications for licensure and minimum standards for employment that are directly |
17 | and demonstrably related to the operation of a cannabis establishment and similar to qualifications |
18 | for licensure and employment standards in connection with the manufacture, distribution or sale of |
19 | alcoholic beverages as regulated under title 3 of the general laws; provided, that a criminal |
20 | conviction shall not automatically disqualify an individual or otherwise affect eligibility for |
21 | employment or licensure in connection with a cannabis establishment pursuant to § 21-28.11-21.1; |
22 | (4) Procedures and policies to promote and encourage full participation in the regulated |
23 | cannabis industry by people from communities that have previously been disproportionately |
24 | harmed by cannabis prohibition and enforcement and to positively impact those communities; |
25 | (5) Standards for the licensure of cannabis establishments, to include, but not be limited to, |
26 | utilization of the social equity assistance fund established pursuant to the provisions of § 21-28.11- |
27 | 31; |
28 | (6) Standards for the reporting or payment of licensure fees and taxes; |
29 | (7) Requirements for the information to be furnished by an applicant or licensee; |
30 | (8) Criteria for evaluation of the application for a license; |
31 | (9) Requirements for the information to be furnished by a licensee to the licensee's |
32 | employees; |
33 | (10) Requirements for fingerprinting or other method of identification of an applicant for |
34 | a license or a licensee; |
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1 | (11) Procedures and grounds for the revocation or suspension of a license or registration; |
2 | (12) Minimum uniform standards of accounting procedures; |
3 | (13) Requirements for record keeping by cannabis establishments and procedures to track |
4 | cannabis cultivated, processed, manufactured, delivered or sold by cannabis establishments; |
5 | (14) Any necessary registration requirements for employees working at the cannabis |
6 | establishment; |
7 | (15) Requirements that all cannabis establishment employees be properly trained in their |
8 | respective professions as necessary; |
9 | (16) Procedures for the interim authorization of a cannabis establishment under this |
10 | chapter; |
11 | (17) Minimum standards for the requirement that all licensees possess and operate an |
12 | interoperable publicly available application programming interface seed-to-sale tracking system |
13 | sufficient to ensure the appropriate track and trace of all cannabis cultivated, processed or |
14 | manufactured pursuant to this chapter; |
15 | (18) Minimum security requirements for licensees sufficient to deter and prevent theft and |
16 | unauthorized entrance into areas containing cannabis, which may include ,but not be limited to, the |
17 | use of security personnel, security cameras, or alarms provided that the requirements shall not |
18 | prohibit the cultivation of cannabis outdoors or in greenhouses; |
19 | (19) Minimum standards for liability insurance coverage or requirements that a certain |
20 | monetary sum be placed in escrow to be expended for potential liabilities; |
21 | (20) Requirements and standards sufficient to ensure for the virtual separation of cannabis |
22 | cultivated, processed, manufactured, delivered or sold by a licensee that is also licensed as a |
23 | medical marijuana treatment center pursuant to the provisions of chapter 28.6 of title 21. |
24 | Requirements shall leverage seed-to-sale tracking technology and may allow for the appropriate |
25 | transfer or acquisition of cannabis seeds, clones, cuttings, plants or plant tissue between such |
26 | entities; |
27 | (21) Requirements and procedures to prevent the sale, delivery or transfer of cannabis to |
28 | persons under twenty-one (21) years of age, or the purchase of cannabis on behalf of a person under |
29 | twenty-one (21) years of age, including a prohibition on persons under twenty-one (21) entering |
30 | cannabis establishments; |
31 | (22) Standards for manufacturing or extracting cannabinoid oils or butane hash oil; |
32 | (23) Health and safety standards, established in consultation with the department of health |
33 | and the department of environmental management, for the cultivation, processing, manufacturing |
34 | and distribution of cannabis, including standards regarding sanitation for the preparation, storage, |
| LC002305/SUB A/3 - Page 12 of 88 |
1 | handling and sale of food products, including compliance with state sanitation requirements, and |
2 | health inspections; provided, however, that the authority to promulgate regulations pertaining to |
3 | the use of pesticides shall remain with the department of environmental management pursuant to |
4 | the provisions of chapter 25 of title 23; |
5 | (24) Requirements for the packaging of cannabis and cannabis products that shall, at a |
6 | minimum: |
7 | (i) Require the most current consumer product safety commission standards, set forth in 16 |
8 | C.F.R. 1700 et seq.; |
9 | (ii) Protect children from accidently ingesting cannabis or cannabis products, including by |
10 | making packaging certified child-resistant and resealable; |
11 | (iii) Require the separation of each serving within a package containing multiple servings |
12 | shall be furnished in a manner that allows consumers and cardholders to easily identify a single |
13 | serving; |
14 | (iv) Prohibit the use of bright colors, cartoon characters and other features designed to |
15 | appeal to minors; |
16 | (v) Ensure that packaging is opaque or plain in design; |
17 | (vi) Limit each serving size to no greater than ten milligrams (10 mg.) of delta-9- |
18 | tetrahydrocannabinol (Δ9-THC); and |
19 | (vii) Prohibit any packaging that imitates or has a semblance to any existing branded |
20 | consumer products, including foods and beverages that do not contain cannabis; |
21 | (25) Requirements for the potency or dosing limitations of edible cannabis products sold |
22 | by licensees; |
23 | (26) Requirements for the labeling of a package containing cannabis or cannabis products |
24 | that shall, at a minimum, include: |
25 | (i) A symbol or other easily recognizable mark issued by the commission that indicates the |
26 | package contains cannabis or a cannabis product; |
27 | (ii) A symbol or other easily recognizable mark issued by the commission on the package |
28 | indicating to children that the product is harmful to children; |
29 | (iii) The name and contact information of the cannabis cultivator or the cannabis product |
30 | manufacturer who produced the cannabis or cannabis product; |
31 | (iv) The results of sampling, testing and analysis conducted by a licensed independent |
32 | testing laboratory; |
33 | (v) A seal certifying the cannabis meets such testing standards; |
34 | (vi) A unique batch number identifying the production batch associated with |
| LC002305/SUB A/3 - Page 13 of 88 |
1 | manufacturing, processing, and cultivating; |
2 | (vii) A list of ingredients and possible allergens; |
3 | (viii) The amount of delta-9-tetrahydrocannabinol (Δ9-THC) in the package and in each |
4 | serving of a cannabis product as expressed in absolute terms and as a percentage of volume; |
5 | (ix) The number of servings in a package if there are multiple servings; |
6 | (x) A use-by date, if applicable; and |
7 | (xi) The following statement, including capitalization: ''This product has not been analyzed |
8 | or approved by the FDA. There is limited information on the side effects of using this product, and |
9 | there may be associated health risks. Cannabis use during pregnancy and breast-feeding may pose |
10 | potential harm. It is against the law to drive or operate machinery when under the influence of this |
11 | product. KEEP THIS PRODUCT AWAY FROM CHILDREN.''; |
12 | (27) Procedures and policies, in cooperation with the department of environmental |
13 | management, to promote and encourage full participation in the regulated cannabis industry by |
14 | farmers and businesses of all sizes, which shall include creating a schedule of cultivator license |
15 | fees commensurate with cultivation size and regulations to create a craft cannabis cultivator |
16 | cooperative system including, but not limited to, the following: |
17 | (i) A limitation on ownership interests in a cannabis cultivator cooperative; |
18 | (ii) A limit on the total cannabis produced by a craft cannabis cultivator by the number of |
19 | plants, surface area used for cultivation or output by weight; and |
20 | (iii) A reasonable fee for licensure as a craft cannabis cultivator cooperative; |
21 | (28) Requirements for the safe disposal of excess, contaminated, adulterated or deteriorated |
22 | cannabis, which shall consider policies which promote the recycling of such waste, including, but |
23 | not limited to, recycled industrial products; |
24 | (29) Requirements for advertising, marketing and branding of cannabis and cannabis |
25 | products that shall, at a minimum, include, but shall not be limited to: |
26 | (i) A prohibition on advertising, marketing and branding in such a manner that is deemed |
27 | to be deceptive, false or misleading; |
28 | (ii) A prohibition on advertising, marketing and branding by means of television, radio, |
29 | internet, billboard or print publication unless at least eighty-five percent (85%) of the audience is |
30 | reasonably expected to be twenty-one (21) years of age or older, as determined by reliable, up-to- |
31 | date audience composition data; |
32 | (iii) A prohibition on advertising, marketing and branding that utilizes statements, designs, |
33 | representations, pictures or illustrations that portray anyone less than twenty-one (21) years of age; |
34 | (iv) A prohibition on advertising, marketing and branding including, but not limited to, |
| LC002305/SUB A/3 - Page 14 of 88 |
1 | mascots, cartoons, brand sponsorships and celebrity endorsements, that is deemed to appeal to a |
2 | person less than twenty-one (21) years of age; |
3 | (v) A prohibition on advertising, marketing and branding, including statements by a |
4 | licensee, that makes any false or misleading statements concerning other licensees and the conduct |
5 | and products of such other licensees; |
6 | (vi) A prohibition on advertising, marketing and branding through certain identified |
7 | promotional items as determined by the commission, including giveaways, coupons or ''free'' or |
8 | ''donated'' cannabis; |
9 | (vii) A prohibition on advertising, marketing and branding by a licensee that asserts its |
10 | products are safe, other than labeling required pursuant to this chapter; |
11 | (viii) A reasonable prohibition on timing and use of illuminated external signage, which |
12 | shall comply with all local ordinances and requirements, and a prohibition on neon signage; |
13 | (ix) A prohibition of the use of vehicles equipped with radio or loud speakers for the |
14 | advertising of cannabis; |
15 | (x) A prohibition on the use of radio or loudspeaker equipment in any cannabis |
16 | establishment for the purpose of attracting attention to the sale of cannabis; |
17 | (xi) An allowance that a licensee may sponsor a charitable, sporting or similar event, but a |
18 | prohibition of advertising, marketing and branding at, or in connection with, such an event unless |
19 | at least eight-five percent (85%) of the audience is reasonably expected to be twenty-one (21) years |
20 | of age or older, as determined by reliable, up-to-date audience composition data; |
21 | (xii) A requirement that the website of a cannabis establishment shall verify that the entrant |
22 | is at least twenty-one (21) years of age; |
23 | (xiii) A prohibition on the use of unsolicited pop-up advertisements on the internet; and |
24 | (xiv) A requirement that all advertising, marketing or branding materials for cannabis and |
25 | cannabis products contain a standard health warning developed by the department of health; |
26 | (30) Procedures and requirements to enable the transfer of a license for a cannabis |
27 | establishment to another qualified person or to another suitable location with notification and |
28 | approval by the commission; |
29 | (31) Requirements to establish a process allowing the commission to order a prohibition |
30 | on the sale of a cannabis product found especially appealing to persons under twenty-one (21) years |
31 | of age; |
32 | (32) Requirements to establish a process allowing a cannabis product manufacturer to |
33 | voluntarily submit a product, its packaging and intended marketing to the commission for |
34 | preliminary determination whether the product is especially appealing to persons under twenty-one |
| LC002305/SUB A/3 - Page 15 of 88 |
1 | (21) years of age; |
2 | (33) Requirements that prohibit cannabis product manufacturers from altering or utilizing |
3 | commercially-manufactured food products when manufacturing cannabis products unless the food |
4 | product was commercially manufactured specifically for use by the cannabis product manufacturer |
5 | to infuse with cannabis; provided, however, that a commercially-manufactured food product may |
6 | be used as an ingredient in a cannabis product if: (i) It is used in a way that renders it unrecognizable |
7 | as the commercial food product in the cannabis product; and (ii) There is no statement or |
8 | advertisement indicating that the cannabis product contains the commercially-manufactured food |
9 | product; and |
10 | (34) Energy and environmental standards for licensure and licensure renewal of cannabis |
11 | establishments licensed as a cannabis cultivator or cannabis product manufacturer. |
12 | (c) In furtherance of the intent of this chapter, the commission may also adopt regulations |
13 | in accordance with this chapter which establish and provide for issuance of additional types or |
14 | classes of licenses to operate cannabis-related businesses, including: licenses that authorize only |
15 | limited cultivation by a craft cannabis cultivation or a craft cannabis cultivation operative, |
16 | processing, manufacture, possession or storage of cannabis or cannabis products, limited delivery |
17 | of cannabis or cannabis products to consumers, licenses that authorize the consumption of cannabis |
18 | or cannabis products on the premises where sold, licenses that authorize the consumption of |
19 | cannabis at special events in limited areas and for a limited time and licenses intended to facilitate |
20 | scientific research or education; |
21 | (d) Regulations made pursuant to this section shall not: |
22 | (1) Prohibit the operation of a cannabis establishment either expressly or through |
23 | regulations that make operation of a cannabis establishment unreasonable and impracticable; |
24 | (2) Require a customer to provide a cannabis retailer with identifying information other |
25 | than identification to determine the customer's age, and shall not require the cannabis retailer to |
26 | acquire or record personal information about customers other than information typically required |
27 | in a retail transaction; |
28 | (3) Prohibit a medical marijuana treatment center and a cannabis establishment from |
29 | operating at a shared location; |
30 | (4) Prohibit cannabis establishments from transferring or acquiring cannabis seeds, clones, |
31 | cuttings, plants or plant tissue from other cannabis establishments or from medical cannabis |
32 | treatment centers or prohibit a cannabis establishment from transferring or otherwise selling |
33 | cannabis to a cannabis retailer, a cannabis product manufacturer or a cannabis cultivator; or |
34 | (5) Prohibit cannabis establishments from using inorganic cultivation methods. |
| LC002305/SUB A/3 - Page 16 of 88 |
1 | (e) The commission shall administer and enforce the provisions of this chapter and the rules |
2 | and regulations relating to licensing in this chapter. |
3 | (f) Each fiscal year the commission shall submit an annual finance plan to the governor, |
4 | the speaker of the house and the president of the senate, and updates to such plan. |
5 | (g) The commission shall investigate, in conjunction with the department of health, the |
6 | effects of cannabis and cannabis products with a high potency of tetrahydrocannabinol on the |
7 | human body and recommend whether there should be restrictions on the potency of |
8 | tetrahydrocannabinol in cannabis and cannabis products. |
9 | (h) The commission shall be subject to all the provisions of chapter 35 of title 42. |
10 | (i) The commission shall annually submit a complete and detailed report of the |
11 | commission's activities, including a review of the implementation and enforcement of this chapter |
12 | and the governance structure established in this chapter, not more than ninety (90) days after the |
13 | end of the fiscal year to the governor, the attorney general, the treasurer, the speaker of the house, |
14 | and the president of the senate. |
15 | (j) The commission shall annually review the tax rates established by this chapter and may |
16 | make recommendations to the general assembly, as appropriate, regarding any changes to the tax |
17 | rates that further the intent of this chapter. The commission may study cannabis commerce and |
18 | make recommendations to the general assembly regarding changes in the laws that further the intent |
19 | of this chapter by filing those recommendations with the governor, the speaker of the house, and |
20 | the president of the senate. |
21 | (k) The commission shall deposit all license, registration and monetary penalties collected |
22 | pursuant to this chapter in the social equity assistance fund established pursuant to § 21-28.11-31. |
23 | (l) The commission, shall work collaboratively with other state agencies and departments |
24 | to ensure that the production and distribution of cannabis is effectively regulated in the state in |
25 | furtherance of the intent of this act. |
26 | 21-28.11-6. Cannabis advisory board. |
27 | (a)(1) There is hereby established a cannabis advisory board to study and make |
28 | recommendations to the Rhode Island cannabis control commission on the regulation and taxation |
29 | of cannabis. The board shall consist of the following: the executive director of the cannabis control |
30 | commission who shall serve as chair; the secretary of commerce or a designee; the state tax |
31 | administrator or a designee; the director of the department of health or a designee; the director of |
32 | the department of environmental management or a designee; the director of the department of |
33 | public safety or a designee; the director of the department of business regulation or a designee; two |
34 | (2) registered cardholders as defined in § 21-28.6-3, one to be appointed by the speaker of the house |
| LC002305/SUB A/3 - Page 17 of 88 |
1 | and one to be appointed by the president of the senate; the executive director of the American Civil |
2 | Liberties Union of Rhode Island, Inc. or a designee; five (5) persons to be appointed by the |
3 | treasurer, one of whom shall have experience or expertise in cannabis cultivation, one of whom |
4 | shall have experience or expertise in cannabis retailing, one of whom shall have experience or |
5 | expertise in cannabis product manufacturing, one of whom shall have experience or expertise in |
6 | laboratory sciences and toxicology and one of whom shall have experience or expertise in providing |
7 | legal services to cannabis businesses; five (5) persons to be appointed by the governor, one of |
8 | whom shall have experience or expertise in minority business development, one of whom shall |
9 | have experience or expertise in economic development strategies for under-resourced communities, |
10 | one of whom shall have experience or expertise in farming or representing the interests of farmers, |
11 | one of whom shall have experience or expertise representing the interests of employers and one of |
12 | whom shall have experience or expertise in municipal law enforcement with advanced training in |
13 | impairment detection and evaluation; and five (5) persons to be appointed by the attorney general, |
14 | one of whom shall have experience or expertise in social welfare or social justice, one of whom |
15 | shall have experience or expertise in criminal justice reform to mitigate the disproportionate impact |
16 | of drug prosecutions on communities of color, one of whom shall have experience or expertise in |
17 | minority business ownership, one of whom shall have experience or expertise in women-owned |
18 | business ownership and one of whom shall have experience or expertise in the prevention and |
19 | treatment of substance use disorders. Members of the board shall serve for terms of two (2) years. |
20 | Members of the board shall serve without compensation but may be reimbursed for their expenses |
21 | actually and necessarily incurred in the discharge of their official duties. Members of the board |
22 | shall not be state employees by virtue of their service on the board. To take action at a meeting, a |
23 | majority of the members of the board must be present and voting to constitute a quorum. |
24 | (2) The cannabis advisory board shall: |
25 | (i) Consider all matters submitted to it by the commission; |
26 | (ii) On its own initiative, recommend to the commission guidelines, rules and regulations |
27 | and any changes to guidelines, rules and regulations that the advisory board considers important or |
28 | necessary for the commission's review and consideration; and |
29 | (iii) Advise on the preparation of regulations pursuant to this title. |
30 | (3) The chair may appoint subcommittees in order to expedite the work of the board; |
31 | provided, however, that the chair shall appoint: |
32 | (i) A subcommittee on public health to develop recommendations on products, labelling, |
33 | marketing, advertising, related public health issues, potency, which may include a recommended |
34 | maximum limit for individual servings of cannabis products, and packaging, which may include |
| LC002305/SUB A/3 - Page 18 of 88 |
1 | the development and implementation of a public health warning to appear on cannabis products; |
2 | (ii) A subcommittee on public safety and community mitigation to develop |
3 | recommendations on law enforcement, property, business and consumer issues; |
4 | (iii) A subcommittee on the cannabis industry to develop recommendations on cultivation, |
5 | processing, manufacturing, transportation, distribution, seed-to-sale tracking and market stability; |
6 | and |
7 | (iv) A subcommittee on market participation to develop recommendations on minority and |
8 | veteran-owned businesses, local agriculture and growing cooperatives. |
9 | 21-28.11-7. Licensed cannabis cultivators. |
10 | (a) There shall be no new cannabis cultivators' licenses issued prior to July 1, 2023. This |
11 | prohibition shall not apply to cannabis cultivators licensed on or before July 1, 2021 pursuant to |
12 | chapter 28.6 of title 21. |
13 | (b) A cannabis cultivator licensed pursuant to the provisions of § 21-28.11-8 engaged in |
14 | cultivation in compliance with the provisions of a license that authorizes only limited cultivation |
15 | pursuant to § 21-28.11-5(b), may acquire, possess, manufacture, cultivate, deliver, or transfer |
16 | cannabis to entities licensed pursuant to the provisions of this chapter and chapter 28.6 of title 21. |
17 | (c) The commission shall promulgate regulations that govern how many cannabis plants, |
18 | mature and immature; how much wet cannabis; and how much usable cannabis a licensed cannabis |
19 | cultivator may possess. Every cannabis plant possessed by a licensed cannabis cultivator shall be |
20 | catalogued in a seed-to-sale inventory tracking system in accordance with regulations promulgated |
21 | by the commission. |
22 | (d) Cannabis cultivators shall sell cannabis only to an entity licensed pursuant to the |
23 | provisions of this chapter or chapter 28.6 of title 21. |
24 | (e) Notwithstanding any other provisions of the general laws, the manufacture of cannabis |
25 | using a solvent extraction process that includes the use of a compressed, flammable gas as a solvent |
26 | by a licensed cannabis cultivator shall not be subject to the protections of this chapter. |
27 | (f) Cannabis cultivators shall be licensed to grow cannabis only at a location or locations |
28 | registered with the cannabis commission. The commission may promulgate regulations governing |
29 | where cultivators are allowed to grow. Cannabis cultivators shall abide by all local ordinances, |
30 | including zoning ordinances. |
31 | (g) As a condition of licensing, cannabis cultivators shall consent and be subject to |
32 | reasonable inspection by the commission for the purposes of ensuring and enforcing compliance |
33 | with this chapter and all rules and regulations promulgated pursuant to this chapter, and the |
34 | provisions of § 28-5.1-14. |
| LC002305/SUB A/3 - Page 19 of 88 |
1 | (h) To qualify for issuance of a cannabis cultivator license under this section, an applicant |
2 | shall satisfy all qualifications established by the commission to include but not limited to: |
3 | (1) Apply for a license in a manner prescribed by the commission; |
4 | (2) Provide proof that the applicant is twenty-one (21) years of age or older and is a resident |
5 | of the state; |
6 | (3) Undergo a criminal record background check pursuant to § 21-28.11-12.1 and on any |
7 | terms established by the commission; |
8 | (4) Provide proof that the applicant is current and in compliance with all obligations for |
9 | filings and payments for taxes with the division of taxation; |
10 | (5) Has provided a nonrefundable application fee pursuant to § 21-28.11-8; and |
11 | (6) Prior to the issuance of any license and for any period of renewal, the applicant shall |
12 | submit an annual fee pursuant to § 21-28.11-8. |
13 | (i) Persons issued cannabis cultivator licenses shall be subject to the following: |
14 | (1) A licensed cannabis cultivator shall notify and request approval from the commission |
15 | of any change in his or her name or address within ten (10) days of the change. A licensed cannabis |
16 | cultivator who fails to notify the commission of any of these changes is responsible for a civil |
17 | infraction, punishable by a fine of no more than one hundred fifty dollars ($150). |
18 | (2) When a licensed cannabis cultivator notifies the commission of any changes listed in |
19 | this subsection, the commission shall issue the licensed cannabis cultivator a new registry |
20 | identification card after the department approves the changes and receives from the licensee |
21 | payment of a fee specified in regulation. |
22 | (3) If a licensed cannabis cultivator loses his or her license, he or she shall notify the |
23 | commission and submit a fee specified in regulation within ten (10) days of losing the card. The |
24 | commission shall issue a new license with a new random identification number. |
25 | (4) A licensed cannabis cultivator has a continuing duty to notify the commission of any |
26 | criminal conviction(s) that occurs after the issuance of a license or registration. A criminal |
27 | conviction shall not automatically result in suspension or revocation of a license, but shall be |
28 | subject to § 21-28.11-12.1; |
29 | (5) If a licensed cannabis cultivator violates any provision of this chapter or regulations |
30 | promulgated hereunder as determined by the commission, his or her issued license may be |
31 | suspended and/or revoked. |
32 | (j) Immunity. |
33 | (1) No licensed cannabis cultivator shall be subject to: arrest; prosecution; search or |
34 | seizure, except as authorized pursuant to § 21-28.11-5(a)(18) through (a)(21) and by subsection (f) |
| LC002305/SUB A/3 - Page 20 of 88 |
1 | of this section; or penalty in any manner, or denied any right or privilege, including, but not limited |
2 | to, civil penalty or disciplinary action by a business, occupational, or professional licensing board |
3 | or entity, solely for acting in accordance with this chapter or rules and regulations promulgated by |
4 | the commission. |
5 | (2) No principal officers, board members, agents, volunteers, or employees of a licensed |
6 | cannabis cultivator shall be subject to arrest; prosecution; search or seizure, except as authorized |
7 | pursuant to § 21-28.11-5(a)(18) through (a)(21) and by subsection (f) of this section; or penalty in |
8 | any manner, or denied any right or privilege, including, but not limited to, civil penalty or |
9 | disciplinary action by a business, occupational, or professional licensing board or entity, solely for |
10 | working for or with a licensed cannabis cultivator to engage in acts permitted by this chapter or |
11 | rules and regulations promulgated by the commission. |
12 | (3) No state employee shall be subject to arrest; prosecution; search or seizure, except as |
13 | authorized pursuant to § 21-28.11-5(a)(18) through (a)(21) and by subsection (f) of this section; or |
14 | penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty, |
15 | disciplinary action, termination, or loss of employee or pension benefits, for any and all conduct |
16 | that occurs within the scope of his or her employment regarding the administration, execution, |
17 | and/or enforcement of this chapter or rules and regulations promulgated by the commission, and |
18 | the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this section. |
19 | (k) Nothing in this section shall be construed as authorizing a cannabis cultivator to transfer |
20 | or sell cannabis to a consumer. A direct sale or transfer from a cannabis cultivator to a consumer is |
21 | prohibited. |
22 | (l) A cannabis cultivator and all agents and employees of the cannabis cultivator shall |
23 | comply with all rules adopted by the commission and all applicable laws. |
24 | (m) No cannabis or cannabis product shall be sold or otherwise marketed pursuant to this |
25 | chapter that has not first been tested by an independent testing laboratory and determined to meet |
26 | the commission's testing protocols issued pursuant to § 21-28.11-11. |
27 | 21-28.11-8. Cultivation tiers. |
28 | (a) A cannabis cultivator shall be responsible for submitting an application for issuance of |
29 | a proper tier license pursuant to the provisions of this section. Cultivation tiers shall be based on |
30 | square footage of canopy. Fees shall vary for indoor and outdoor cultivation. The license types, |
31 | application fees and annual license fee shall be as follows until amended by the commission |
32 | pursuant to the provisions of this chapter. |
33 | License Types Application Fees Annual License Fee |
34 | (Indoor/Outdoor) (Indoor/Outdoor) |
| LC002305/SUB A/3 - Page 21 of 88 |
1 | Limited quantity |
2 | (Craft and Craft Cooperative): |
3 | Up to 1,000 sq. ft. $80(I)/$40(O) $250(I)/$100(O) |
4 | Tier 1: 1,000 to 5, 000 sq. ft. $160 (I)/$80 (O) $1,000 (I)/$450 (O) |
5 | Tier 2: 5,001 to 10,000 sq. ft. $160 (I)/$80 (O) $2,000 (I)/$1,000 (O) |
6 | Tier 3: 10,001 to 20,000 sq. ft. $320 (I)/$160 (O) $4,000 (I)/$2,000 (O) |
7 | Tier 4: 20,001 to 30,000 sq. ft. $480 (I)/$240 (O) $6,000 (I)/$3,000 (O) |
8 | Tier 5: 30,001 to 40,000 sq. ft. $640 (I)/$320 (O) $8,000 (I)/$4,000 (O) |
9 | Tier 6: 40,001 to 50,000 sq. ft. $820 (I)/$400 (O) $10,000 (I)/$5,000 (O) |
10 | Tier 7: 50,001 to 60,000 sq. ft. $980 (I)/$480 (O) $12,000 (I)/$6,000 (O) |
11 | Tier 8: 60,001 to 70,000 sq. ft. $1,140 (I)/$560 (O) $14,000 (I)/$7,000 (O) |
12 | Tier 9: 70,001 to 80,000 sq. ft. $1,300 (I)/$640 (O) $16,000 (I)/$8,000 (O) |
13 | Tier 10: 80,001 to 90,000 sq. ft. $1,460 (I)/$720 (O) $18,000 (I)/$10,000 (O) |
14 | Tier 11: 90,001 to 100,000 sq. ft. $1,620 (I)/$800 (O) $20,000 (I)/$12,000 (O) |
15 | (b) A cannabis cultivator may submit an application, in a time and manner determined by |
16 | the commission, to change the tier in which it is classified. A cannabis cultivator may change tiers |
17 | to either expand or reduce production. |
18 | (c) In connection with the license renewal process for cannabis cultivators, the commission |
19 | will review the records of the cannabis cultivator during the six (6) months prior to the application |
20 | for renewal for an indoor cultivator. Except for limited quantity and tier 1 licenses, the commission |
21 | may reduce the cultivator licensee's maximum canopy to a lower tier if the cultivator licensee sold |
22 | less than seventy percent (70%) of what it produced during the six (6) months prior to the |
23 | application for renewal for an indoor cultivator or during the harvest season prior to the application |
24 | for renewal for an outdoor cultivator. |
25 | (d) When determining whether to allow expansion or reduction of a cultivator licensee to |
26 | a different tier, the commission may consider factors including, but not limited to: |
27 | (1) Cultivation and production history, including whether the plants/inventory suffered a |
28 | catastrophic event during the licensing period; |
29 | (2) Tax payment history; |
30 | (3) Existing inventory and inventory history; |
31 | (4) Sales contracts; and |
32 | (5) Any other factors relevant to ensuring responsible cultivation, production, and |
33 | inventory management. |
34 | (e) The commission may adjust the tier designations and/or fees pursuant to the |
| LC002305/SUB A/3 - Page 22 of 88 |
1 | commissions rule making authority and in accordance with the provisions of chapter 35 of title 42. |
2 | (f) For purposes of this section, "canopy" means the total surface area within a cultivation |
3 | area, including indoor and outdoor cultivation areas, that is dedicated to the cultivation of mature |
4 | cannabis plants. The surface area of the canopy must be calculated in square feet and measured |
5 | using the outside boundaries of the area and must include all of the area within the boundaries. If |
6 | the surface area of the canopy consists of noncontiguous areas, each component area must be |
7 | separated by identifiable boundaries. If a tiered or shelving system is used in the cultivation area, |
8 | the surface area of each tier or shelf must be included in calculating the area of the canopy. The |
9 | canopy does not include the areas within the cultivation area that are used to cultivate immature |
10 | cannabis plants and seedlings and that are not used at any time to cultivate mature cannabis plants. |
11 | 21-28.11-9. Cannabis product manufacturer or wholesaler. |
12 | (a) A cannabis product manufacturer or processor or wholesaler that does not hold a |
13 | cannabis cultivator's license shall have a cannabis product manufacturer's license issued by the |
14 | commission. A cannabis product manufacturer licensee may purchase cannabis from cultivators for |
15 | processing and shall only transfer or sell cannabis to other entities licensed pursuant to this chapter |
16 | or chapter 28.6 of title 21. |
17 | (b) To qualify and hold a cannabis product manufacturer's license under this section the |
18 | applicant shall satisfy all qualifications established by the commission to include, but not be limited |
19 | to: |
20 | (1) Apply for a license in a manner prescribed by the commission; |
21 | (2) Provide proof that the applicant is twenty-one (21) years of age or older and is a resident |
22 | of the state; |
23 | (3) Undergo a criminal record background check pursuant to § 21-28.11-12.1 and on any |
24 | terms established by the commission; |
25 | (4) Provide proof that the applicant is current and in compliance with all obligations for |
26 | filings and payments for taxes with the division of taxation; |
27 | (5) Has provided a nonrefundable application fee of three hundred dollars ($300); and |
28 | (6) Prior to issuance of any license and for any period of renewal, the applicant shall submit |
29 | an annual fee of five thousand dollars ($5,000). |
30 | (c) A cannabis product manufacturer or processor or wholesaler and all agents and |
31 | employees shall comply with all rules adopted by the commission and all applicable laws. |
32 | (d) The commission may adjust the application fee or annual license fee pursuant to the |
33 | commission rule making authority and in accordance with the provisions of chapter 35 of title 42. |
34 | (e) As a condition of licensing, cannabis product manufacturers or processors or |
| LC002305/SUB A/3 - Page 23 of 88 |
1 | wholesalers shall consent and be subject to reasonable inspection by the commission for the |
2 | purposes of ensuring and enforcing compliance with this chapter and all rules and regulations |
3 | promulgated pursuant to this chapter, to include, but not be limited to, the provisions of § 28-5.1- |
4 | 14. |
5 | (f) Nothing in this section shall be construed as authorizing a cannabis product |
6 | manufacturer or processor or wholesaler to transfer or sell cannabis to a consumer. A direct sale or |
7 | transfer from a cannabis product manufacturer licensee to a consumer is prohibited. |
8 | (g) No cannabis or cannabis product shall be sold or otherwise marketed pursuant to this |
9 | chapter that has not first been tested by an independent testing laboratory and determined to meet |
10 | the commission's testing protocols issued pursuant to § 21-28.11-11. |
11 | (h) Persons issued cannabis product manufacturer licenses shall be subject to the following: |
12 | (1) A licensed cannabis product manufacturer shall notify and request approval from the |
13 | commission of any change in his or her name or address within ten (10) days of the change. A |
14 | licensed cannabis product manufacturer who fails to notify the commission of any of these changes |
15 | is responsible for a civil infraction, punishable by a fine of no more than one hundred fifty dollars |
16 | ($150). |
17 | (2) When a licensed cannabis product manufacturer notifies the commission of any changes |
18 | listed in this subsection (h), the commission shall issue the licensed cannabis product manufacturer |
19 | a new registry identification card after the department approves the changes and receives from the |
20 | licensee payment of a fee specified in regulation. |
21 | (3) If a licensed cannabis product manufacturer loses his or her license, he or she shall |
22 | notify the commission and submit a fee specified in regulation within ten (10) days of losing the |
23 | card. The commission shall issue a new license with a new random identification number. |
24 | (4) A licensed cannabis product manufacturer has a continuing duty to notify the |
25 | commission of any criminal conviction(s) that occur after the issuance of a license or registration. |
26 | A criminal conviction shall not automatically result in suspension or revocation of a license, but |
27 | shall be subject to § 21-28.11-12.1; |
28 | (5) If a licensed cannabis product manufacturer violates any provision of this chapter or |
29 | regulations promulgated hereunder as determined by the commission, his or her issued license may |
30 | be suspended and/or revoked. |
31 | (i) Immunity. |
32 | (1) No licensed cannabis product manufacturer shall be subject to: arrest; prosecution; |
33 | search or seizure, except as authorized pursuant to § 21-28.11-5(a)(18) through (a)(21) and by |
34 | subsection (e) of this section; or penalty in any manner, or denied any right or privilege, including, |
| LC002305/SUB A/3 - Page 24 of 88 |
1 | but not limited to, civil penalty or disciplinary action by a business, occupational, or professional |
2 | licensing board or entity, solely for acting in accordance with this chapter or rules and regulations |
3 | promulgated by the commission. |
4 | (2) No principal officers, board members, agents, volunteers, or employees of a licensed |
5 | cannabis product manufacturer or wholesaler shall be subject to arrest; prosecution; search or |
6 | seizure, except as authorized pursuant to § 21-28.11-5(a)(18) through (a)(21) and by subsection (e) |
7 | of this section; or penalty in any manner, or denied any right or privilege, including, but not limited |
8 | to, civil penalty or disciplinary action by a business, occupational, or professional licensing board |
9 | or entity, solely for working for or with a licensed cannabis product manufacturer or wholesaler to |
10 | engage in acts permitted by this chapter or rules and regulations promulgated by the commission. |
11 | (3) No state employee shall be subject to arrest; prosecution; search or seizure, except as |
12 | authorized pursuant to § 21-28.11-5(a)(18) through (a)(21) and by subsection (e) of this section; or |
13 | penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty, |
14 | disciplinary action, termination, or loss of employee or pension benefits, for any and all conduct |
15 | that occurs within the scope of his or her employment regarding the administration, execution, |
16 | and/or enforcement of this chapter or rules and regulations promulgated by the commission, and |
17 | the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this section. |
18 | 21-28.11-10. Cannabis retail sales license. |
19 | (a) A cannabis retailer shall have a cannabis retail sales license issued by the commission. |
20 | A cannabis retail sales licensee may purchase and deliver cannabis and cannabis products from |
21 | cannabis establishments and deliver, sell or otherwise transfer cannabis and cannabis products to |
22 | cannabis establishments and to consumers. |
23 | (b) The commission shall determine the maximum number of licenses, however a |
24 | minimum of three (3) licenses for retail sales of cannabis shall be granted for issuance in each |
25 | municipality except for any municipality which has elected against the granting of any licenses |
26 | pursuant to the provisions of § 21-28.11-15. One-third (1/3) of all licenses for retail sales in each |
27 | municipality shall be reserved for an applicant referred to in § 21-28.11-31(d). |
28 | (c) The commission may grant one additional license for every twenty thousand (20,000) |
29 | inhabitants in excess of thirty thousand (30,000) inhabitants, except for any municipality which has |
30 | elected against the granting of any licenses pursuant to the provisions of § 21-28.11-15. |
31 | (d) To qualify for issuance of a cannabis retail sales license under this section, an applicant |
32 | shall satisfy all qualifications established by the commission to include, but not be limited to: |
33 | (1) Apply for a license in a manner prescribed by the commission; |
34 | (2) Provide proof that the applicant is twenty-one (21) years of age or older and is a resident |
| LC002305/SUB A/3 - Page 25 of 88 |
1 | of the state; |
2 | (3) Undergo a criminal record background check pursuant to § 21-28.11-12.1 and on any |
3 | terms established by the commission; |
4 | (4) Provide proof that the applicant is current and in compliance with all obligations for |
5 | filings and payments for taxes with the division of taxation; |
6 | (5) That the proposed location for the retail sale of cannabis complies with provisions of |
7 | municipal zoning and regulations or has been approved by the municipality; |
8 | (6) Has provided a nonrefundable application fee of five hundred dollars ($500); and |
9 | (7) Prior to issuance of any license and for any period of renewal, the applicant shall submit |
10 | an annual fee of twenty thousand dollars ($20,000). |
11 | (e) A cannabis retail sales licensee and all agents and employees shall comply with all rules |
12 | adopted by the commission and all applicable laws to include, but not be limited to, the provisions |
13 | of §§ 28-5.1-14 and 21-28.11-12.1; |
14 | (f) The commission may adjust the application fee or annual license fee pursuant to the |
15 | commission's rule making authority and in accordance with the provisions of chapter 35 of title 42. |
16 | (g) As a condition of licensing, cannabis retailers shall consent and be subject to reasonable |
17 | inspection by the commission for the purposes of ensuring and enforcing compliance with this |
18 | chapter and all rules and regulations promulgated pursuant to this chapter, to include, but not be |
19 | limited to, the provisions of § 28-5.1-14. |
20 | (h) No cannabis or cannabis product shall be sold or otherwise marketed pursuant to this |
21 | chapter that has not first been tested by an independent testing laboratory and determined to meet |
22 | the commission's testing protocols issued pursuant to § 21-28.11-11. |
23 | (i) Persons issued cannabis retail licenses shall be subject to the following: |
24 | (1) A licensed cannabis retailer shall notify and request approval from the commission of |
25 | any change in his or her name or address within ten (10) days of the change. A licensed cannabis |
26 | retailer who fails to notify the commission of any of these changes is responsible for a civil |
27 | infraction, punishable by a fine of no more than one hundred fifty dollars ($150). |
28 | (2) When a licensed cannabis retailer notifies the commission of any changes listed in this |
29 | subsection, the commission shall issue the licensed cannabis retailer a new registry identification |
30 | card after the department approves the changes and receives from the licensee payment of a fee |
31 | specified in regulation. |
32 | (3) If a licensed cannabis retailer loses his or her license, he or she shall notify the |
33 | commission and submit a fee specified in regulation within ten (10) days of losing the card. The |
34 | commission shall issue a new license with a new random identification number. |
| LC002305/SUB A/3 - Page 26 of 88 |
1 | (4) A licensed cannabis retailer has a continuing duty to notify the commission of any |
2 | criminal conviction(s) that occur after the issuance of a license or registration. A criminal |
3 | conviction shall not automatically result in suspension or revocation of a license, but shall be |
4 | subject to § 21-28.11-12.1; |
5 | (5) If a licensed cannabis retailer violates any provision of this chapter or regulations |
6 | promulgated hereunder as determined by the commission, his or her issued license may be |
7 | suspended and/or revoked. |
8 | (j) Compassions centers authorized pursuant to § 21-28.6-12 shall not be exempt from the |
9 | requirements of § 21-28.11-10. |
10 | (i) Immunity |
11 | (1) No licensed cannabis retailer shall be subject to: arrest; prosecution; search or seizure, |
12 | except as authorized pursuant to § 21-28.11-5(a)(18) through (a)(21) and by subsection (g) of this |
13 | section; or penalty in any manner, or denied any right or privilege, including, but not limited to, |
14 | civil penalty or disciplinary action by a business, occupational, or professional licensing board or |
15 | entity, solely for acting in accordance with this chapter or rules and regulations promulgated by the |
16 | commission. |
17 | (2) No principal officers, board members, agents, volunteers, or employees of a licensed |
18 | cannabis retailer shall be subject to arrest; prosecution; search or seizure, except as authorized |
19 | pursuant to § 21-28.11-5(a)(18) through (a)(21) and by subsection (g) of this section; or penalty in |
20 | any manner, or denied any right or privilege, including, but not limited to, civil penalty or |
21 | disciplinary action by a business, occupational, or professional licensing board or entity, solely for |
22 | working for or with a licensed cannabis retailer to engage in acts permitted by this chapter or rules |
23 | and regulations promulgated by the commission. |
24 | (3) No state employee shall be subject to arrest; prosecution; search or seizure, except as |
25 | authorized pursuant to § 21-28.11-5(a)(18) through (21) and by subsection (g) of this section; or |
26 | penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty, |
27 | disciplinary action, termination, or loss of employee or pension benefits, for any and all conduct |
28 | that occurs within the scope of his or her employment regarding the administration, execution, |
29 | and/or enforcement of this chapter or rules and regulations promulgated by the commission, and |
30 | the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this section. |
31 | 21-28.11-11. Independent testing laboratories -- Licensure and oversight. |
32 | (a)(1) The commission shall promulgate regulations for the licensure and oversight of |
33 | independent testing laboratories, and shall establish testing protocols for the sampling, testing and |
34 | analysis of cannabis, finished cannabis and cannabis products in consultation with the department |
| LC002305/SUB A/3 - Page 27 of 88 |
1 | of health. Such regulations shall be based on the most recent standards as issued by the United |
2 | States Pharmacopeial Convention and shall address sampling and analysis to characterize the |
3 | cannabinoid profile and biological and chemical contaminants, including, but not limited to, |
4 | terpenoids, pesticides, plant growth regulators, metals, microbiological contaminants, mycotoxins, |
5 | and residual solvents introduced through cultivation of cannabis plants and post-harvest processing |
6 | and handling of cannabis, cannabis products and ingredients. |
7 | (2) No cannabis or cannabis product shall be sold or otherwise marketed pursuant to this |
8 | chapter that has not first been tested by an independent testing laboratory and determined to meet |
9 | the commission's testing protocols issued pursuant to subsection (a)(1) of this section. |
10 | (3) A licensed independent testing laboratory shall transport, store, possess, and test |
11 | cannabis in compliance with regulations promulgated by the commission. Nothing in this section |
12 | shall be construed as authorizing an independent testing laboratory to transfer or sell cannabis to a |
13 | consumer. A direct sale or transfer from an independent testing laboratory licensee to a consumer |
14 | is prohibited. |
15 | (4) An independent testing laboratory shall report any results indicating contamination to |
16 | the commission, the department of health and the department of environmental management within |
17 | seventy-two (72) hours of identification. |
18 | (5) No laboratory agent or employee of an independent testing laboratory shall receive |
19 | direct or indirect financial compensation, other than such reasonable contractual fees to conduct |
20 | such testing, from any entity for which it is conducting testing pursuant to this chapter. |
21 | (6) No individual who possesses an interest in or is a laboratory agent employed by an |
22 | independent testing laboratory, and no immediate family member of that individual, shall possess |
23 | an interest in or be employed by a cannabis establishment. |
24 | (b) To qualify for issuance of an independent testing laboratory license under this section, |
25 | an applicant shall satisfy all qualifications established by the commission to include, but not be |
26 | limited to: |
27 | (1) Apply for a license in a manner prescribed by the commission; |
28 | (2) Provide proof that the applicant is twenty-one (21) years of age or older and is a resident |
29 | of the state; |
30 | (3) Undergo a criminal record background check pursuant to § 21-28.11-12.1 and on any |
31 | terms established by the commission; |
32 | (4) Provide proof that the applicant is current and in compliance with all obligations for |
33 | filings and payments for taxes with the division of taxation; |
34 | (5) Provide a nonrefundable application fee of three hundred dollars ($300) and apply for |
| LC002305/SUB A/3 - Page 28 of 88 |
1 | a testing license from the commission prior to testing, processing or transporting cannabis; and |
2 | (6) Prior to the issuance of any license and for any period of renewal, the applicant shall |
3 | submit an annual fee of five thousand dollars ($5,000). |
4 | (c) Independent testing laboratories shall be responsible for ensuring the following, as |
5 | related to laboratory agents: |
6 | (1)A laboratory agent shall be registered with the commission prior to volunteering or |
7 | working at an independent testing laboratory; |
8 | (2) An independent testing laboratory shall apply to the commission for a registration card |
9 | for each affiliated laboratory agent by submitting, at a minimum, the name, address, and date of |
10 | birth of the laboratory agent. |
11 | (3) A laboratory agent shall undergo a criminal background check pursuant to § 21-28.11- |
12 | 12.1 and on terms established by the commission, prior to volunteering or working at an |
13 | independent testing laboratory. Laboratory agents shall also have a continuing duty to notify the |
14 | commission of any criminal conviction(s) that occur after the issuance of a registration card. A |
15 | criminal conviction shall not automatically result in suspension or revocation of registration, but |
16 | shall be subject to § 21-28.11-12.1; |
17 | (4) An independent testing laboratory shall notify the commission within one business day |
18 | if a laboratory agent ceases to be associated with the laboratory, and the laboratory agent's |
19 | registration card shall be immediately revoked. |
20 | (d) An independent testing laboratory and all agents and employees shall comply with all |
21 | rules adopted by the commission and all applicable laws. |
22 | (e) The commission may adjust the application fee or annual license fee pursuant to the |
23 | commission's rule making authority and in accordance with the provisions of chapter 35 of title 42. |
24 | (f) As a condition of licensing, cannabis independent testing laboratories shall consent and |
25 | be subject to reasonable inspection by the commission for the purposes of ensuring and enforcing |
26 | compliance with this chapter and all rules and regulations promulgated pursuant to this chapter, to |
27 | include, but not be limited to, the provisions of § 28-5.1-14. |
28 | (g) Persons issued independent testing laboratory licenses shall be subject to the following: |
29 | (1) A licensed independent testing laboratory shall notify and request approval from the |
30 | commission of any change in his or her name or address within ten (10) days of the change. A |
31 | licensed independent testing laboratory who fails to notify the commission of any of these changes |
32 | is responsible for a civil infraction, punishable by a fine of no more than one hundred fifty dollars |
33 | ($150). |
34 | (2) When a licensed independent testing laboratory notifies the commission of any changes |
| LC002305/SUB A/3 - Page 29 of 88 |
1 | listed in this subsection (g), the commission shall issue the licensed independent testing laboratory |
2 | a new registry identification card after the department approves the changes and receives from the |
3 | licensee payment of a fee specified in regulation. |
4 | (3) If a licensed independent testing laboratory loses his or her license, he or she shall notify |
5 | the commission and submit a fee specified in regulation within ten (10) days of losing the card. The |
6 | commission shall issue a new license with a new random identification number. |
7 | (4) A licensed independent testing laboratory has a continuing duty to notify the |
8 | commission of any criminal conviction(s) that occur after the issuance of a license or registration. |
9 | A criminal conviction shall not automatically result in suspension or revocation of a license, but |
10 | shall be subject to § 21-28.11-12.1; |
11 | (5) If a licensed independent testing laboratory violates any provision of this chapter or |
12 | regulations promulgated hereunder as determined by the commission, his or her issued license may |
13 | be suspended and/or revoked. |
14 | (h) Immunity. |
15 | (1) No licensed cannabis independent testing laboratory shall be subject to: arrest; |
16 | prosecution; search or seizure, except as authorized pursuant to § 21-28.11-5(a)(18) through (a)(21) |
17 | and by subsection (f) of this section; or penalty in any manner, or denied any right or privilege, |
18 | including, but not limited to, civil penalty or disciplinary action by a business, occupational, or |
19 | professional licensing board or entity, solely for acting in accordance with this chapter. |
20 | (2) No principal officers, board members, agents, volunteers, or employees of a licensed |
21 | cannabis independent testing laboratory shall be subject to arrest; prosecution; search or seizure, |
22 | except as authorized pursuant to § 21-28.11-5(a)(18) through (a)(21) and by subsection (f) of this |
23 | section; or penalty in any manner, or denied any right or privilege, including, but not limited to, |
24 | civil penalty or disciplinary action by a business, occupational, or professional licensing board or |
25 | entity, solely for working for or with a licensed cannabis cultivator to engage in acts permitted by |
26 | this chapter. |
27 | (3) No state employee shall be subject to arrest; prosecution; search or seizure, except as |
28 | authorized pursuant to § 21-28.11-5(a)(18) through (a)(21) and by subsection (f) of this section; or |
29 | penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty, |
30 | disciplinary action, termination, or loss of employee or pension benefits, for any and all conduct |
31 | that occurs within the scope of his or her employment regarding the administration, execution, |
32 | and/or enforcement of this chapter, and the provisions of §§ 9-31-8 and 9-31-9 shall be applicable |
33 | to this section. |
34 | 21-28.11-12. Licenses for handlers and employees. |
| LC002305/SUB A/3 - Page 30 of 88 |
1 | The commission may promulgate rules and regulations to establish the registration or |
2 | licensing of an individual who performs work for or on behalf of a person or entity licensed |
3 | pursuant to the provisions of this chapter to include, but not be limited to, employees, independent |
4 | contractors, transporters, security personnel, quality control or testing personnel, packagers and |
5 | sales personnel. Individuals registered or licensed pursuant to this section shall be required to |
6 | comply with all rules adopted by the commission and all applicable laws. |
7 | 21-28.11-12.1. Criminal record information- Permitted use. |
8 | (a) The commission shall require all applicants for license and registration under this |
9 | chapter to undergo a national criminal background check prior to issuing any license or registration. |
10 | The applicant shall apply to the bureau of criminal identification of the department of attorney |
11 | general, department of public safety division of state police, or local police department for a |
12 | national background check that shall include fingerprints submitted to the Federal Bureau of |
13 | Investigation. Upon the discovery of any criminal record information, the bureau of criminal |
14 | identification of the department of attorney general, department of public safety division of state |
15 | police, or the local police department shall inform the applicant, in writing, of the nature of the |
16 | criminal record information. The bureau of criminal identification of the department of attorney |
17 | general, department of public safety division of state police, or the local police department shall |
18 | also inform the commission, in writing of the nature of the criminal record information. In those |
19 | situations in which no criminal record information has been found, the bureau of criminal |
20 | identification of the department of attorney general, department of public safety division of state |
21 | police, or the local police department shall inform the applicant and the commission, in writing, of |
22 | this fact. The applicant shall be responsible for any expense associated with the national |
23 | background check. |
24 | (b) All applicants for license or registration have a duty to truthfully and fully disclose prior |
25 | criminal convictions to the commission and any information the commission requests related to |
26 | said convictions. If issued a license or registration by the commission, licensees have a continuing |
27 | duty to truthfully and fully disclose any subsequent criminal convictions to the commission, and |
28 | any information the commission requests related to said convictions. Failure to do so may result in |
29 | the denial, suspension, or revocation of a license or registration, and criminal prosecution. |
30 | (c) "Conviction" as used throughout this chapter shall mean judgments of conviction |
31 | entered by a court subsequent to a finding of guilty or a plea of guilty; and instances where the |
32 | defendant has entered a plea of nolo contendere and has received a sentence of probation or a |
33 | suspended sentence or incarceration or a fine. |
34 | (d) No person shall be disqualified to practice, pursue, or engage in any business or activity |
| LC002305/SUB A/3 - Page 31 of 88 |
1 | licensed or registered by the commission pursuant to the provisions of this chapter, solely or in |
2 | part, because of a prior conviction of a crime or crimes unless: |
3 | (1) The underlying crime or crimes involved the distribution of a controlled substance, |
4 | including cannabis, to a minor; or |
5 | (2) The underlying crime or crimes substantially relate to the occupation to which the |
6 | license or registration applies. Any other state law to the contrary will be superseded by this |
7 | provision. |
8 | (e) No occupational license or registration issued by the commission shall be suspended or |
9 | revoked, solely or in part, because of a prior or subsequent conviction of a crime or crimes unless |
10 | the underlying crime or crimes substantially relate to the occupation to which the license or |
11 | registration applies. Any other state law to the contrary will be superseded by this provision. |
12 | (f) In determining if a conviction substantially relates to the occupation for which the |
13 | license or registration is sought, the commission shall consider: |
14 | (1) The state's legitimate interest in equal access to employment for individuals who have |
15 | had past contact with the criminal justice system; |
16 | (2) The state's legitimate interest in protecting the property and the safety and welfare of |
17 | specific individuals or the general public; and |
18 | (3) The relationship of the crime or crimes to the ability, capacity, and fitness required to |
19 | perform the duties and discharge the responsibilities of the position of employment or occupation. |
20 | (g) A person who has been convicted of a crime or crimes that substantially relate to the |
21 | occupation for which a license is sought shall not be disqualified from the occupation if the person |
22 | can show competent evidence of sufficient rehabilitation and present fitness to perform the duties |
23 | of the occupation for which the license is sought. The commission shall consider the time elapsed |
24 | since the conviction when determining sufficient rehabilitation, as well as any evidence presented |
25 | by the applicant regarding: |
26 | (1) Completion of a period of at least two (2) years after release from imprisonment, or at |
27 | least two (2) years after the sentencing date for a probation sentence or suspended sentence not |
28 | accompanied by incarceration, without subsequent conviction or pending criminal charge; |
29 | (2) The nature, seriousness, and relevance of the crime or crimes for which convicted; |
30 | (3) All circumstances relative to the crime or crimes, including mitigating circumstances |
31 | surrounding the commission of the crime or crimes; |
32 | (4) The age of the person at the time the crime or crimes were committed; |
33 | (5) Claims that the criminal record information is in error or inadmissible; and |
34 | (6) All other competent evidence of rehabilitation and present fitness presented, including, |
| LC002305/SUB A/3 - Page 32 of 88 |
1 | but not limited to, letters of reference by persons who have been in contact with the applicant since |
2 | the applicant's release from any state or federal correctional institution. |
3 | (h) The following criminal records may not be used in connection with any application for |
4 | a license or registration submitted pursuant to the provisions of this chapter: |
5 | (1) Juvenile adjudications; |
6 | (2) Records of arrest not followed by a conviction; |
7 | (3) Convictions that have been, pursuant to law, annulled or expunged; |
8 | (4) Misdemeanor convictions for which no jail sentence can be imposed; |
9 | (5) A conviction that does not substantially relate to the occupation for which the license |
10 | or registration is sought, as determined by subsection (f) of this section. |
11 | (i) If a commission intends to deny, suspend, or revoke an occupational license, permit, or |
12 | registration solely or in part because of the individual's prior conviction of a crime that is |
13 | determined to be substantially related to the occupation for which the license or registration applies, |
14 | the commission shall notify the individual in writing of the following prior to the final decision: |
15 | (1) The specific conviction(s) that form the basis for the potential denial, suspension, or |
16 | revocation and the rationale for deeming the conviction substantially related to the occupation or |
17 | activity; |
18 | (2) A copy of the conviction history report, if any, on which the commission relies; |
19 | (3) A statement that the applicant may provide evidence of mitigation or rehabilitation, as |
20 | described in subsection (g) of this section; and |
21 | (4) Instructions on how to respond to the potential denial, suspension, or revocation. |
22 | (j) After receiving the notice of potential denial, suspension, or revocation, the individual |
23 | shall have thirty (30) business days to respond. |
24 | (k) If a commission denies, suspends, or revokes a license or registration solely or in part |
25 | because of the applicant's substantially related conviction, the commission shall issue a final written |
26 | decision that addresses the following: |
27 | (1) The specific conviction(s) that form the basis for the denial, suspension, or revocation |
28 | and the rationale for deeming the conviction(s) substantially related to the occupation or activity; |
29 | (2) A copy of the conviction history report, if any, on which the commission relies; |
30 | (3) The process for appealing the decision in accordance with chapter 35 of title 42; and |
31 | (4) The earliest date the person may reapply for license or registration which shall not be |
32 | longer than two (2) years from the date of the final decision. |
33 | (m) Notwithstanding any general or special law to the contrary, except as otherwise |
34 | provided in this chapter, any prior conviction for a crime that has been decriminalized, or is eligible |
| LC002305/SUB A/3 - Page 33 of 88 |
1 | for expungement pursuant to § 12-1.3-5, cannot serve as grounds, either solely or in part, for denial, |
2 | suspension or revocation of a license or registration pursuant to § 21-28.11-5(a)(11). |
3 | 21-28.11-12.2. Labor peace agreement -- Requirements. |
4 | (a) The commission shall require all applicants for cannabis retail sales licenses to submit |
5 | an attestation signed by a bona fide labor organization stating that the applicant has entered into a |
6 | labor peace agreement with such bona fide labor organization. The maintenance of a labor peace |
7 | agreement with such bona fide labor organization by a licensed cannabis retailer shall be an ongoing |
8 | material condition of the license for the cannabis retailer. Failure to enter or to make a good faith |
9 | effort to enter, into a collective bargaining agreement within two hundred (200) days of the opening |
10 | of an establishment of licensed cannabis retailer shall result in the suspension or revocation of the |
11 | licensed cannabis retailer's license. |
12 | (b) In ranking retail sale license applications, the commission shall give priority to the |
13 | following, regardless of whether there is any competition among applications for a particular |
14 | license: |
15 | (1) Applicants that include a significantly involved person or persons lawfully residing in |
16 | Rhode Island for at least five (5) years as of the date of the application. |
17 | (2) Applicants that are party to a collective bargaining agreement with a labor organization |
18 | that currently represents, or is actively seeking to represent cannabis workers in Rhode Island. |
19 | (3) Applicants that are party to a collective bargaining agreement with a labor organization |
20 | that currently represents cannabis workers in another state. |
21 | (4) Applicants that submit an attestation affirming that they will use best efforts to utilize |
22 | building trades' labor organizations in the construction or retrofit of the facilities associated with |
23 | the licensed entity. |
24 | (5) Applicants that submit an attestation affirming that they have a project labor agreement, |
25 | or will utilize a project labor agreement, which is a form of pre-hire collective bargaining agreement |
26 | covering terms and conditions of a specific project, including labor issues and worker grievances |
27 | associated with any construction or retrofit of facilities, or other applicable project, associated with |
28 | the licensed entity. |
29 | 21-28.11-13. Taxes. |
30 | (a) The following taxes are imposed on the retail sale of cannabis pursuant to the provisions |
31 | of this chapter by individuals licensed pursuant to § 21-28.11-10. |
32 | (1) Sales tax pursuant to the provisions of § 44-18-18; |
33 | (2) A state cannabis excise tax equal to ten percent (10%) of each retail sale as defined in |
34 | § 44-18-8; and |
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1 | (3) A local cannabis excise tax equal to three percent (3%) of each retail sale as defined in |
2 | § 44-18-8. |
3 | (b) The assessment, collection and enforcement of the sales tax pursuant to § 44-18-18, the |
4 | state cannabis excise tax, and the local cannabis excise tax shall be pursuant to the provisions of |
5 | chapters 18 and 19 of title 44 and paid to the tax administrator by the retailer at the time and in the |
6 | manner prescribed for sales tax in § 44-19-10. The retailer shall add the taxes imposed by this |
7 | chapter to the sales price or charge, and when added the taxes constitute a part of the price or charge, |
8 | is a debt from the consumer or user to the retailer, and is recoverable at law in the same manner as |
9 | other debts. |
10 | (c) All sums received by the division of taxation under this section as local cannabis excise |
11 | tax or associated amounts as penalties, forfeitures, interest, costs of suit, and fines shall be |
12 | distributed at least quarterly and credited and paid by the state treasurer to the city or town where |
13 | the cannabis is delivered. |
14 | 21-28.11-14. Municipal fees. |
15 | No fee, tax, charge or expense shall be assessed or collected from an individual licensed |
16 | pursuant to the provisions of § 21-28.11-10 except for local cannabis excise tax pursuant to § 21- |
17 | 28.11-13 and any other fee, tax, charge or expense generally assessed or collected from residents |
18 | or businesses located in the municipality. |
19 | 21-28.11-15. Local option. |
20 | (a) Every city or town, prior to the election to be conducted on November 8, 2022, may by |
21 | resolution of the city or town council, cause to be printed on the ballot in an election held on or |
22 | before November 8, 2022, the following question: "Shall retail cannabis licenses be issued for the |
23 | sale of recreational cannabis in this town (or city)?". |
24 | (b) Upon the adoption of a resolution by the city or town council pursuant to the provisions |
25 | of subsection (a) of this section, the commission shall not issue any license for the retail sale of |
26 | cannabis pursuant to the provisions of § 21-28.11-10 unless and until the electors of the city or |
27 | town vote to approve the retail sale of cannabis for recreational use. |
28 | (c) If a majority of ballots cast on which the electors indicated their choice is against |
29 | granting the license, then no license pursuant to § 21-28.11-10 shall be issued by the commission |
30 | for retail sales in the city or town. |
31 | 21-28.11-16. Local control. |
32 | (a) A city or town may adopt ordinances and by-laws that impose reasonable safeguards |
33 | on the operation of cannabis establishments, provided they are not unreasonable and impracticable |
34 | and are not in conflict with this chapter or with regulations made pursuant to this chapter and that: |
| LC002305/SUB A/3 - Page 35 of 88 |
1 | (1) Govern the time, place and manner of cannabis establishment operations and of any |
2 | business dealing in cannabis accessories, except that zoning ordinances or by-laws shall not operate |
3 | to: |
4 | (i) Prevent the conversion of a medical marijuana treatment center licensed or registered |
5 | not later than July 1, 2021, engaged in the cultivation, manufacture or sale of cannabis or cannabis |
6 | products to a cannabis establishment engaged in the same type of activity under this chapter; or |
7 | (ii) Limit the number of cannabis establishments below the limits established pursuant to |
8 | this chapter; |
9 | (2) Restrict the licensed cultivation, processing and manufacturing of cannabis that is a |
10 | public nuisance; |
11 | (3) Establish reasonable restrictions on public signs related to cannabis establishments; |
12 | provided, however, that if a city or town enacts an ordinance or by-law more restrictive than the |
13 | commission's standard, than the local ordinance or by-law shall not impose a standard for signage |
14 | more restrictive than those applicable to retail establishments that sell alcoholic beverages within |
15 | that city or town; |
16 | (4) Establish a civil penalty for violation of an ordinance or by-law enacted pursuant to this |
17 | subsection, similar to a penalty imposed for violation of an ordinance or by-law relating to alcoholic |
18 | beverages. |
19 | (b) Notwithstanding the provisions of § 21-28.11-15, the council or highest governing |
20 | elected body of a city or town shall, upon the filing with the city or town clerk of a petition signed |
21 | by not fewer than ten percent (10%) of the number of voters of such city or town voting at the state |
22 | election preceding the filing of the petition and conforming to the provisions of the general laws |
23 | relating to initiative petitions at the municipal level, request that the question of whether to allow, |
24 | in such city or town, the sale of cannabis and cannabis products for consumption on the premises |
25 | where sold be submitted to the voters of such city or town at the next biennial state election. If a |
26 | majority of the votes cast in the city or town are not in favor of allowing the consumption of |
27 | cannabis or cannabis products on the premises where sold, such city or town shall be taken to have |
28 | not authorized the consumption of cannabis and cannabis products on the premises where sold. |
29 | (c) No city or town shall prohibit the transportation of cannabis or cannabis products or |
30 | adopt an ordinance or by-law that makes the transportation of cannabis or cannabis products |
31 | unreasonable and impracticable. |
32 | (d) If an ordinance or by-law shall be submitted for approval pursuant to subsection (a), |
33 | the following procedures shall be followed: |
34 | (1) The city solicitor or town counsel shall prepare a fair and concise summary of the |
| LC002305/SUB A/3 - Page 36 of 88 |
1 | proposed ordinance or by-law which shall make clear the number and types of cannabis |
2 | establishments which shall be permitted to operate under the proposed ordinance and by-law and |
3 | shall be included on the ballot. |
4 | (2) A ballot shall be prepared asking ''Shall this [city or town] adopt the following [by-law |
5 | or ordinance]? [solicitor/counsel summary] [full text of by-law or ordinance].'' |
6 | (3) If the majority of the votes cast in answer to the question are in the affirmative, the city |
7 | or town may adopt the by-law or ordinance, but if the majority of votes cast is in the negative, the |
8 | city or town shall not adopt the by-law or ordinance. |
9 | (4) A ballot question under this subsection may be placed on the ballot at a regular or |
10 | special election held by the city or town by a vote of the board of selectmen or by the city or town |
11 | council, with the approval of the mayor or chief executive officer of a city that does not have a |
12 | mayor, and subject to a municipal charter, if applicable. |
13 | 21-28.11-17. General conditions for licenses. |
14 | (a) Upon receipt of a complete cannabis establishment license application and the |
15 | application fee, the commission shall forward a copy of the application to the city or town in which |
16 | the cannabis establishment is to be located, determine whether the applicant and the premises |
17 | qualify for the license and has complied with this chapter and shall, within ninety (90) days: |
18 | (1) Issue the appropriate license; or |
19 | (2) Send to the applicant a notice of rejection setting forth specific reasons why the |
20 | commission did not approve the license application. |
21 | (b) The commission shall approve a cannabis establishment license application and issue a |
22 | license if: |
23 | (1) The prospective cannabis establishment has submitted an application in compliance |
24 | with regulations made by the commission, the applicant satisfies the requirements established by |
25 | the commission, the applicant is in compliance with this chapter and the regulations made by the |
26 | commission and the applicant has paid the required fee; |
27 | (2) The commission is not notified by the applicant that the city or town in which the |
28 | proposed cannabis establishment will be located that the proposed cannabis establishment is not in |
29 | compliance with an ordinance in effect at the time of application; |
30 | (3) The property where the proposed cannabis establishment is to be located, at the time |
31 | the license application is received by the commission, is not located within five hundred (500) feet |
32 | of a pre-existing public or private school providing education in kindergarten or any of grades one |
33 | through twelve (12), unless a city or town adopts an ordinance or by-law that reduces the distance |
34 | requirement; |
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1 | (4) The applicant, and any agents or employees of the applicant as required by the |
2 | commission pursuant to its rules and regulations, have undergone a criminal background check |
3 | pursuant to § 21-28.11-12.1 and on terms established by the commission; and |
4 | (5) As a condition of licensing, cannabis establishments shall consent and be subject to |
5 | reasonable inspection by the commission for the purposes of ensuring and enforcing compliance |
6 | with this chapter and all rules and regulations promulgated pursuant to this chapter, to include, but |
7 | not be limited to, the provisions of § 28-5.1-14. |
8 | (c) In addition to requirements established by regulation or by a city or town pursuant to |
9 | this chapter, a cannabis establishment shall: |
10 | (1) Secure every entrance to the establishment in order that access to areas containing |
11 | cannabis is restricted to employees and others permitted by the cannabis establishment to access |
12 | the area and to agents of the commission or state and local law enforcement officers and emergency |
13 | personnel; and |
14 | (2) Secure its inventory and equipment during and after operating hours to deter and |
15 | prevent theft of cannabis, cannabis products and cannabis accessories. |
16 | (d) No cannabis establishment may cultivate, process, test, store or manufacture cannabis |
17 | or cannabis products at any location other than at a physical address approved by the commission |
18 | and within an area that is enclosed and secured in a manner that prevents access by persons not |
19 | permitted by the cannabis establishment to access the area. A greenhouse or outdoor cannabis |
20 | cultivation area shall have sufficient security measures to demonstrate that outdoor areas are not |
21 | readily accessible by unauthorized individuals, including perimeter security fencing designed to |
22 | prevent unauthorized entry. |
23 | (e) No cannabis establishment shall allow cultivation, processing, manufacture, sale or |
24 | display of cannabis or cannabis products to be visible from a public place without the use of |
25 | binoculars, aircraft or other optical aids, as determined by the commission. |
26 | (f) No cannabis establishment shall refuse representatives of the commission the right at |
27 | any time of operation to inspect the entire licensed premises or to audit the books and records of |
28 | the cannabis establishment for the purposes of ensuring and enforcing compliance with this chapter |
29 | and all rules and regulations promulgated by the commission pursuant to this chapter. |
30 | (g) No cannabis establishment shall allow any person under twenty-one (21) years of age |
31 | to volunteer or work for the cannabis establishment. |
32 | (h) No cannabis establishment shall cultivate, manufacture, sell or otherwise transact |
33 | business with any products containing cannabinoids other than those that were produced, |
34 | distributed and taxed in compliance with this chapter. |
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1 | (i) All cannabis establishments shall be subject to any regulations promulgated by the |
2 | commission that specify how cannabis shall be tested, including but not limited to, potency, |
3 | cannabinoid profile, and contaminants. |
4 | (j) All cannabis establishments shall be subject to any product labeling requirements |
5 | promulgated by the commission. |
6 | (k) License required. No person or entity shall operate a cannabis establishment without an |
7 | appropriate license(s) and/or registration(s) issued by the commission. |
8 | (l) Each licensee shall file an emergency response plan with the fire department and police |
9 | department of the host community. |
10 | 21-28.11-18. Administration and enforcement -- Transfer of powers. |
11 | (a) The commission shall be responsible for the enforcement and administration of the |
12 | provisions of this chapter and for the provisions of chapter 28.6 of title 21. |
13 | (b) The commission shall promulgate rules and regulations to carry out the purpose and |
14 | intent of this chapter and chapter 28.6 of title 21. |
15 | (c) Upon the effective date of the rules and regulations adopted by the commission pursuant |
16 | to subsection (b) of this section, all powers, duties and responsibilities of the department of |
17 | environmental management, the department of health and the department of business regulation |
18 | with respect to administration and enforcement of chapter 28.6 of title 21 shall be transferred to the |
19 | commission. |
20 | (d) Compassion centers authorized to purchase and deliver cannabis and cannabis products |
21 | to registered qualifying patients and their registered primary caregivers or authorized purchasers, |
22 | or out-of-state patient cardholders or other marijuana establishment licensees, pursuant to § 21- |
23 | 28.6-12, shall be required to obtain a cannabis retail sales license pursuant to § 21-28.11-10, before |
24 | conducting retail sales of cannabis and cannabis products to consumers. |
25 | 21-28.11-19. Multiple licenses restricted. |
26 | (a) No person or entity licensed pursuant to the provisions of this chapter shall be granted |
27 | more than one license. |
28 | (b) No licensee shall own, control, manage or operate any other entity licensed pursuant to |
29 | the provisions of this chapter. |
30 | (c) Nothing in this chapter shall be construed to prohibit a licensee pursuant to the |
31 | provisions of chapter 28.6 of title 21 from possessing one license issued pursuant to the provisions |
32 | of this chapter. |
33 | (d) Nothing in this chapter shall be construed to prohibit one person from investing in |
34 | multiple licensed entities under this chapter. |
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1 | 21-28.11-20. Audits and reports. |
2 | (a)(1) The commission shall audit as often as the commission determines necessary the |
3 | accounts, programs, activities, and functions of all licensees. To conduct the audit, authorized |
4 | officers and employees of the commission shall have access to such accounts at reasonable times |
5 | and the commission may require the production of books, documents, vouchers and other records |
6 | relating to any matter within the scope of the audit, except tax returns. The superior court shall have |
7 | jurisdiction to enforce the production of records that the commission requires to be produced under |
8 | this section and the court shall order the production of all such records within the scope of any such |
9 | audit. All audits shall be conducted in accordance with generally accepted auditing standards |
10 | established by the American Institute of Certified Public Accountants. In any audit report of the |
11 | accounts, funds, programs, activities and functions of a licensee issued by the commission |
12 | containing adverse or critical audit results, the commission may require a response, in writing, to |
13 | the audit results. The response shall be forwarded to the commission within fifteen (15) days of |
14 | notification by the commission. |
15 | (2) On or before April 1 of each year, the commission shall submit a report to the governor, |
16 | the speaker of the house of representatives and the president of the senate, which shall include, but |
17 | not be limited to: |
18 | (i) The number of audits performed under this section; |
19 | (ii) A summary of findings under the audits; and |
20 | (iii) The cost of each audit. |
21 | 21-28.11-21. Expiration and renewal. |
22 | (a) All licenses under this chapter shall be effective for one year from the date of issuance. |
23 | (b) The commission shall issue a renewal license within thirty (30) days of receipt of a |
24 | renewal application and renewal license fee from licensees in good standing and who have filed all |
25 | required tax returns and paid all required taxes. |
26 | 21-28.11-22. Personal use of cannabis. |
27 | (a) Notwithstanding any other general or special law to the contrary, except as otherwise |
28 | provided in this chapter, a person twenty-one (21) years of age or older shall not be arrested, |
29 | prosecuted, penalized, sanctioned or disqualified under the laws of the state in any manner, or |
30 | denied any right or privilege and shall not be subject to seizure or forfeiture of assets for: |
31 | (1) Possessing, using, purchasing from a licensed cannabis retailer, or processing one ounce |
32 | (1 oz.) or less of cannabis, except that not more than five grams (5 gr.) of cannabis may be in the |
33 | form of cannabis concentrate; |
34 | (2) Within the person's primary residence, possessing, cultivating or processing not more |
| LC002305/SUB A/3 - Page 40 of 88 |
1 | than six (6) cannabis plants as long as not more than twelve (12) plants are cultivated on the |
2 | premises at once for personal use and as long as all security requirements as promulgated by the |
3 | commission are complied with; |
4 | (3) Within the person's primary residence, possessing up to ten ounces (10 oz.) of cannabis, |
5 | in addition to any cannabis produced by cannabis plants cultivated on the premises in compliance |
6 | with subsection (a)(2), as long as all security requirements as promulgated by the commission are |
7 | complied with; |
8 | (4) Assisting another person who is twenty-one (21) years of age or older in any of the acts |
9 | described in this section; or |
10 | (5) Giving away or otherwise transferring without remuneration up to one ounce (1 oz.) of |
11 | cannabis, except that not more than five grams (5 gr.) of cannabis may be in the form of cannabis |
12 | concentrate, to a person twenty-one (21) years of age or older, as long as the transfer is not |
13 | advertised or promoted to the public. |
14 | (b) Notwithstanding any other general or special law to the contrary, except as otherwise |
15 | provided in this chapter, a person shall not be arrested, prosecuted, penalized, sanctioned or |
16 | otherwise denied any benefit and shall not be subject to seizure or forfeiture of assets for allowing |
17 | property the person owns, occupies or manages to be used for any of the activities conducted |
18 | lawfully under this chapter or for enrolling or employing a person who engages in cannabis-related |
19 | activities lawfully under this chapter. |
20 | (c) Absent clear and convincing evidence that the person's actions related to cannabis have |
21 | created an unreasonable danger to the safety of a minor child, neither the presence of cannabinoid |
22 | components or metabolites in a person's bodily fluids nor conduct permitted under this chapter |
23 | related to the possession, consumption, transfer, cultivation, manufacture or sale of cannabis, |
24 | cannabis products or cannabis accessories by a person charged with the well-being of a child shall |
25 | form the sole or primary basis for substantiation, service plans, removal or termination or for denial |
26 | of custody, visitation or any other parental right or responsibility. |
27 | (d) The use of cannabis shall not disqualify a person from any needed medical procedure |
28 | or treatment, including organ and tissue transplants. |
29 | (e) Notwithstanding any general or special law to the contrary, except as otherwise |
30 | provided in this chapter, a person twenty-one (21) years of age or older shall not be arrested, |
31 | prosecuted, penalized, sanctioned or disqualified and is not subject to seizure or forfeiture of assets |
32 | for possessing, producing, processing, manufacturing, purchasing, obtaining, selling or otherwise |
33 | transferring or delivering hemp. |
34 | 21-28.11-23. Cannabis accessories authorized. |
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1 | Notwithstanding any general or special law to the contrary, except as otherwise provided |
2 | in this chapter, a person twenty-one (21) years of age or older shall not be arrested, prosecuted, |
3 | penalized, sanctioned or disqualified and shall not be subject to seizure or forfeiture of assets for |
4 | possessing, purchasing or otherwise obtaining or manufacturing cannabis accessories or for selling |
5 | or otherwise transferring cannabis accessories to a person who is twenty-one (21) years of age or |
6 | older. |
7 | 21-28.11-24. Lawful operation of cannabis establishments. |
8 | (a) Notwithstanding any general or special law to the contrary, except as otherwise |
9 | provided in this chapter, the following persons involved in the distribution of cannabis as authorized |
10 | by this chapter shall not be arrested, prosecuted, penalized, sanctioned or disqualified and shall not |
11 | be subject to seizure or forfeiture of assets for activities specified for: |
12 | (1) A cannabis retailer or an owner, operator, employee or other agent acting on behalf of |
13 | a cannabis retailer possessing or testing cannabis or cannabis products, purchasing, selling or |
14 | otherwise transferring or delivering cannabis or cannabis products to or from a cannabis |
15 | establishment; or selling or otherwise transferring or delivering cannabis or cannabis products to a |
16 | consumer; |
17 | (2) A cannabis cultivator or an owner, operator, employee or other agent acting on behalf |
18 | of a cannabis cultivator cultivating, propagating, breeding, harvesting, processing, packaging, |
19 | testing, storing or possessing cannabis or cannabis products, or selling or otherwise transferring, |
20 | purchasing or delivering cannabis and cannabis products to or from a cannabis establishment; |
21 | (3) A cannabis product manufacturer or an owner, operator, employee or other agent acting |
22 | on behalf of a cannabis product manufacturer packaging, processing, manufacturing, storing, |
23 | testing or possessing cannabis or cannabis products, or delivering, selling or otherwise transferring |
24 | and purchasing cannabis or cannabis products to or from a cannabis establishment; or |
25 | (4) A cannabis independent testing laboratory or an owner, operator, employee or other |
26 | agent acting on behalf of a cannabis independent testing laboratory possessing, processing, storing, |
27 | transferring or testing cannabis or cannabis products. |
28 | (b) Any licensee, or agent or employee thereof, under this chapter who reasonably relies |
29 | on a valid state issued identification card, or on a valid motor vehicle license, or on a valid passport |
30 | issued by the United States government, or by the government of a foreign country recognized by |
31 | the United States government, or a valid United States issued military identification card, for proof |
32 | of a person's identity and age shall not suffer any modification, suspension, revocation or |
33 | cancellation of such license, nor shall the licensee, agent or employee suffer any criminal liability, |
34 | for delivering or selling cannabis or cannabis products to a person under twenty-one (21) years of |
| LC002305/SUB A/3 - Page 42 of 88 |
1 | age. Any licensee, or agent or employee thereof, under this chapter, who reasonably relies on the |
2 | forms of identification listed in this subsection, for proof of a person's identity and age shall be |
3 | presumed to have exercised due care in making such delivery or sale of cannabis or cannabis |
4 | products to a person under twenty-one (21) years of age. Such presumption shall be rebuttable. |
5 | 21-28.11-25. Contracts pertaining to cannabis enforceable. |
6 | It is the public policy of the state that contracts related to the operation of cannabis |
7 | establishments under this chapter shall be enforceable. A contract entered into by a licensee or its |
8 | agents as permitted pursuant to a valid license issued by the commission, or by those who allow |
9 | property to be used by a licensee or its agents as permitted pursuant to a valid license issued by the |
10 | commission, shall not be unenforceable or void exclusively because the actions or conduct |
11 | permitted pursuant to the license is prohibited by federal law. |
12 | 21-28.11-26. Provision of professional services. |
13 | A person engaged in a profession or occupation subject to licensure shall not be subject to |
14 | disciplinary action by a professional licensing board solely for providing professional services to |
15 | prospective or licensed cannabis establishments related to activity under this chapter that is not |
16 | subject to criminal penalty under the laws of the state. |
17 | 21-28.11-27. Penalties. |
18 | (a) No person shall cultivate or process cannabis plants pursuant to this chapter if the plants |
19 | are visible from a public place without the use of binoculars, aircraft or other optical aids or |
20 | cultivate or process cannabis plants outside of an area that is equipped with a lock or other security |
21 | device, as determined by the commission. A person who violates this subsection shall be punished |
22 | by a civil penalty of not more than three hundred dollars ($300) and forfeiture of the cannabis, but |
23 | shall not be subject to any other form of criminal or civil punishment or disqualification solely for |
24 | this conduct. |
25 | (b) The possession of more than one ounce (1 oz.) but not more than two ounces (2 oz.) of |
26 | cannabis outside of one's own place of residence shall be punished by a civil penalty of not more |
27 | than one hundred dollars ($100) and forfeiture of the cannabis. Notwithstanding any public, special, |
28 | or general law to the contrary, this civil penalty of one hundred dollars ($100) and forfeiture of the |
29 | cannabis shall apply if the offense is the first or second violation within the previous eighteen (18) |
30 | months. Third or subsequent violations within the previous eighteen (18) months shall be guilty of |
31 | a misdemeanor, and upon conviction, may be imprisoned for not more than one year, or fined not |
32 | less than two hundred dollars ($200) nor more than five hundred dollars ($500), or both. |
33 | (c) The possession of more than ten ounces (10 oz.) but not more than twenty ounces (20 |
34 | oz.) of cannabis within the person's place of residence, in addition to any cannabis produced by |
| LC002305/SUB A/3 - Page 43 of 88 |
1 | cannabis plants cultivated on the premises in compliance with § 21-28.11-22(a)(2), shall be |
2 | punished by a civil penalty of not more than one hundred dollars ($100) and forfeiture of the |
3 | cannabis. Notwithstanding any public, special, or general law to the contrary, this civil penalty of |
4 | one hundred dollars ($100) and forfeiture of the cannabis shall apply if the offense is the first or |
5 | second violation within the previous eighteen (18) months. Third or subsequent violations within |
6 | the previous eighteen (18) months shall be guilty of a misdemeanor, and upon conviction, may be |
7 | imprisoned for not more than one year, or fined not less than two hundred dollars ($200) nor more |
8 | than five hundred dollars ($500), or both. |
9 | (d) The possession, cultivating or processing of more than six (6) but not more than twelve |
10 | (12) cannabis plants for personal use, within one's primary residence, shall be punished by a civil |
11 | penalty of not more than one hundred dollars ($100) and forfeiture of the cannabis. Notwithstanding |
12 | any public, special, or general law to the contrary, this civil penalty of one hundred dollars ($100) |
13 | and forfeiture of the cannabis shall apply if the offense is the first or second violation within the |
14 | previous eighteen (18) months. Any person who commits a third or subsequent violation within an |
15 | eighteen (18) month period shall be guilty of a misdemeanor, and upon conviction, may be |
16 | imprisoned for not more than one year, or fined not less than two hundred dollars ($200) nor more |
17 | than five hundred dollars ($500), or both. |
18 | (e) Any person who fails to abide by all security requirements as promulgated by the |
19 | commission, in relation to the possession, storage, cultivation, and processing of cannabis, shall be |
20 | punished by a civil penalty of not more than three hundred dollars ($300) and forfeiture of the |
21 | cannabis. Notwithstanding any public, special, or general law to the contrary, this civil penalty of |
22 | not more than three hundred dollars ($300) and forfeiture of the cannabis shall apply if the offense |
23 | is the first or second violation within the previous eighteen (18) months. Third or subsequent |
24 | violations within the previous eighteen (18) months shall be guilty of a misdemeanor, and upon |
25 | conviction, may be imprisoned for not more than one year, or fined not less than three hundred |
26 | dollars ($300) nor more than five hundred dollars ($500), or both. |
27 | (f) No person shall consume cannabis in a public place or smoke cannabis where smoking |
28 | tobacco is prohibited. A person who violates this subsection shall be punished by a civil penalty of |
29 | not more than one hundred dollars ($100). This subsection shall not apply to a person who |
30 | consumes cannabis or cannabis products in a designated area of a cannabis establishment located |
31 | in a city or town that has voted to allow consumption on the premises where sold and shall not be |
32 | construed to limit the medical use of marijuana as authorized under chapter 28.6 of title 21. |
33 | (g) No person shall, upon any way or in any place to which the public has a right of access, |
34 | or upon any way or in any place to which members of the public have access as invitees or licensees |
| LC002305/SUB A/3 - Page 44 of 88 |
1 | or upon any public highway, possess an open container of cannabis or cannabis products in the |
2 | passenger area of any motor vehicle. A person who violates this subsection shall be punished by a |
3 | civil penalty of not more than five hundred dollars ($500) and forfeiture of the cannabis or cannabis |
4 | products. For purposes of this section, ''open container'' shall mean that the package containing |
5 | cannabis or cannabis products has its seal broken or from which the contents have been partially |
6 | removed or consumed and ''passenger area'' shall mean the area designed to seat the driver and |
7 | passengers while the motor vehicle is in operation and any area that is readily accessible to the |
8 | driver or passenger while in a seated position; provided however that the passenger area shall not |
9 | include a motor vehicle's trunk, locked glove compartment or the living quarters of a house coach |
10 | or house trailer, or if a motor vehicle is not equipped with a trunk, the area behind the last upright |
11 | seat or an area not designed to be occupied by the driver or passenger while the vehicle is in motion. |
12 | (h) A person who is at least eighteen (18) years of age, but is under twenty-one (21) years |
13 | of age, except a qualifying patient holding a valid registration card for the medical use of cannabis, |
14 | who purchases or attempts to purchase cannabis, cannabis products or cannabis accessories, or |
15 | makes arrangements with any person to purchase or in any way procure cannabis, cannabis products |
16 | or cannabis accessories, or who willfully misrepresents such person's age, or in any way alters, |
17 | defaces or otherwise falsifies identification offered as proof of age, with the intent of purchasing |
18 | cannabis, cannabis products or cannabis accessories, shall be punished by a civil penalty of not |
19 | more than one hundred dollars ($100) and shall complete a drug awareness program as defined in |
20 | § 21-28.11-27.2 |
21 | (i) A person who is at least eighteen (18) years of age, but is less than twenty-one (21) |
22 | years of age, who violates any of the provisions of § 21-28.11-22 or this section, shall complete a |
23 | drug awareness program as defined in § 21-28.11-27.2 in addition to the penalties as provided in |
24 | this chapter. |
25 | (j) Whoever furnishes cannabis, cannabis products or cannabis accessories to a person less |
26 | than twenty-one (21) years of age, either for the person's own use or for the use of the person's |
27 | parent, or any other person, shall be punished by a fine of not more than two thousand dollars |
28 | ($2,000) or by imprisonment for not more than one year, or both. |
29 | (k) For the purposes of this subsection, ''furnish'' shall mean to knowingly or intentionally |
30 | supply, give, provide to or allow use by, a person less than twenty-one (21) years of age, except for |
31 | the children and grandchildren of the person being charged. |
32 | (l) No person shall, in applying for a license or registration for a cannabis establishment, |
33 | including any renewal of a license or registration, give false information or offer false evidence. |
34 | Violation of this provision may be punished by a fine of not more than five thousand dollars |
| LC002305/SUB A/3 - Page 45 of 88 |
1 | ($5,000), or imprisonment for not more than five (5) years, or both. |
2 | (m) Any person who steals or attempts to steal any cannabis, cannabis products, or cannabis |
3 | accessories from a licensed cannabis establishment shall be punished by a fine of not more than |
4 | five thousand dollars ($5,000), or by imprisonment of not more than five (5) years, or both. |
5 | (n) No violation of this section shall be considered a violation of parole, bail, or probation. |
6 | (o) No person may be arrested for a violation of subsection (b) of this section except as |
7 | provided in this subparagraph. Any person in possession of an identification card, license, or other |
8 | form of identification issued by the state or any state, city, or town, or any college or university, |
9 | who fails to produce the same upon request of a police officer who informs the person that he or |
10 | she has been found in possession of what appears to the officer to be over one ounce (1 oz.) of |
11 | marijuana, or any person without any such forms of identification who fails or refuses to truthfully |
12 | provide his or her name, address, and date of birth to a police officer who has informed such person |
13 | that the officer intends to provide such individual with a citation for possession of over one ounce |
14 | (1 oz.) of marijuana, may be arrested. |
15 | (p) This section shall not apply to the possession, cultivation, processing, sale, delivery or |
16 | furnishing of medical cannabis, which is otherwise compliant with the provisions of chapter 28.6 |
17 | of title 21. |
18 | (q) Any and all violations of § 21-28.11-22 and this section shall be the exclusive |
19 | jurisdiction of the Rhode Island traffic tribunal. |
20 | 21-28.11-27.1. Juvenile penalties. |
21 | (a) It shall be a violation of this section for any person under the age of eighteen (18), |
22 | except a qualifying patient holding a valid registration card for the medical use of cannabis acting |
23 | in compliance with chapter 28.6 of title 21 to do the following: |
24 | (1) To be in possession of up to two ounces (2 oz.) of cannabis outside of his or her primary |
25 | residence; |
26 | (2) To be in possession of cannabis products or cannabis accessories; |
27 | (3) To purchase or attempt to purchase cannabis, cannabis products or cannabis |
28 | accessories, or make arrangements with any person to purchase or in any way procure cannabis, |
29 | cannabis products or cannabis accessories, or to willfully misrepresents such person's age, or in any |
30 | way alters, defaces or otherwise falsifies identification offered as proof of age, with the intent of |
31 | purchasing cannabis, cannabis products or cannabis accessories; |
32 | (4) The possession of up to twenty ounces (20 oz.) of cannabis within one's primary |
33 | residence; or |
34 | (5) To possess, cultivate or process up to twelve (12) cannabis plants within one's primary |
| LC002305/SUB A/3 - Page 46 of 88 |
1 | residence for personal use. |
2 | (b) The penalties for violations of this section are as follows: |
3 | (1) Upon a first violation under this section, a civil penalty of not more than one hundred |
4 | dollars ($100) shall be imposed, forfeiture of the cannabis, cannabis products or cannabis |
5 | accessories, and the child shall be ordered to complete a drug awareness program consistent with |
6 | the mandates of this chapter within one year of the first violation. |
7 | (2) Upon a second violation under this section, a civil penalty of not more than two hundred |
8 | dollars ($200) shall be imposed, forfeiture of the cannabis, cannabis products or cannabis |
9 | accessories, and the child shall be ordered to complete a drug awareness program consistent with |
10 | the mandates of this chapter within one year of the second violation. |
11 | (3) Upon a third or subsequent violation of this section, shall be found wayward, shall be |
12 | fined no more than five hundred dollars ($500), forfeiture of the cannabis, cannabis products or |
13 | cannabis accessories, and shall be ordered to cooperate with a court approved substance abuse |
14 | evaluation and any/all recommendations of said evaluation. |
15 | (c) For any violation of this section, the drug awareness program must be completed within |
16 | one year of the violation date. Upon completion of the program, the violator or his or her parent or |
17 | legal guardian shall file with the clerk of the family court a certificate that the violator has |
18 | completed a drug awareness program consistent with the mandates of this section within one year |
19 | of the relevant violation. If a certificate of completion is not filed within one year of the relevant |
20 | violation, the clerk of the family court shall schedule and notify the violator, parent or guardian, |
21 | and the enforcing department which issued the original summons, of a hearing to show cause why |
22 | the civil penalty should not be increased to one thousand dollars ($1,000). Factors to be considered |
23 | in weighing cause shall be limited to financial capacity to pay any increase, the violator's ability to |
24 | participate in a compliant drug awareness program and the availability of a suitable drug awareness |
25 | program. |
26 | (d) All civil penalties imposed under the provisions of this section shall inure to the social |
27 | equity assistance fund. |
28 | (e) The failure to complete the drug awareness program within one year of the violation |
29 | date, regardless of whether it is considered a first, second, or further subsequent violation, may be |
30 | a basis for wayward proceedings for persons under the age of eighteen (18) years of age at the time |
31 | of the violation. |
32 | (f) Any person under the age of eighteen (18) alleged to have violated any of the provisions |
33 | of this section shall be issued a summons to appear in family court and shall not be taken into |
34 | custody based solely on this violation absent a warrant. It shall be the responsibility of the |
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1 | individual or department issuing the summons to file the appropriate petition with the family court. |
2 | (g) The family court shall have sole jurisdiction of all alleged violations under this section |
3 | and any other cannabis-related violations pertaining to any persons under the age of eighteen (18) |
4 | at the time of the alleged violation. |
5 | 21-28.11-27.2. Drug awareness program. |
6 | The department of behavioral healthcare, developmental disabilities and hospitals |
7 | (BHDDH) shall develop substance abuse prevention programs and student assistance programs for |
8 | youth pursuant to chapters 21.1 and 21.3 of title 16, and in accordance with the criteria set forth in |
9 | §§ 16-21.2-4(a) and 16-21.3-2(a). The drug awareness program shall provide at least four (4) hours |
10 | of classroom instruction or group discussion and ten (10) hours of community service. |
11 | 21-28.11-28. Liability to state under this chapter as debt. |
12 | Any liability to the state under this chapter shall constitute a debt to the state. Once a |
13 | statement naming a licensee is recorded, registered or filed, any such debt shall constitute a lien on |
14 | all commercial property owned by a licensee in the state and shall have priority over an |
15 | encumbrance recorded, registered or filed with respect to any site. |
16 | 21-28.11-29. Scope of chapter. |
17 | (a) This chapter shall not permit: |
18 | (1) Any person to undertake any task under the influence of cannabis when doing so would |
19 | constitute negligence or professional malpractice; |
20 | (2) The smoking of cannabis: |
21 | (i) In a school bus or other form of public transportation; |
22 | (ii) On any school grounds; |
23 | (iii) In any correctional facility; |
24 | (iv) In any public place; |
25 | (v) In any licensed drug treatment facility in this state; or |
26 | (vi) Where exposure to the cannabis smoke significantly adversely affects the health, |
27 | safety, or welfare of children; or |
28 | (3) Any person to operate, navigate, or be in actual physical control of any motor vehicle, |
29 | aircraft, or motorboat while under the influence of cannabis. However, a person shall not be |
30 | considered to be under the influence solely for having cannabis metabolites in his or her system. |
31 | (b) Nothing in this chapter shall be construed to require: |
32 | (1) A government medical assistance program or private health insurer or workers' |
33 | compensation insurer, workers' compensation group self-insurer, or employer self-insured for |
34 | workers' compensation under § 28-36-1 to reimburse a person for costs associated with the medical |
| LC002305/SUB A/3 - Page 48 of 88 |
1 | use of cannabis; or |
2 | (2) An employer to accommodate the medical use of marijuana in any workplace. |
3 | (c) Fraudulent representation to a law enforcement official of any fact or circumstance |
4 | relating to the medical use of marijuana to avoid arrest or prosecution shall be punishable by a fine |
5 | of five hundred dollars ($500) which shall be in addition to any other penalties that may apply for |
6 | making a false statement for the nonmedical use of cannabis. |
7 | (d) Nothing contained in this chapter shall be construed to require employers to |
8 | accommodate the use or possession of cannabis, or being under the influence of cannabis, in any |
9 | workplace. Employers may implement drug use policies which prohibit the use or possession of |
10 | cannabis in the workplace or working under the influence of cannabis, provided that unless such |
11 | use is prohibited pursuant to the terms of a collective bargaining agreement, an employer shall not |
12 | fire or take disciplinary action against an employee solely for an employee's private, lawful use of |
13 | cannabis outside the workplace and as long as the employee has not and is not working under the |
14 | influence of cannabis except to the extent that the employer is a federal contractor or otherwise |
15 | subject to federal law or regulations such that failure to take such action would cause the employer |
16 | to lose a monetary or licensing related benefit thereunder. |
17 | 21-28.11-30. Activities not exempt. |
18 | The provisions of this chapter do not exempt any person from arrest, civil or criminal |
19 | penalty, seizure or forfeiture of assets, discipline by any state or local licensing board or authority, |
20 | and state prosecution for, nor may they establish an affirmative defense based on this chapter to |
21 | charges arising from, any of the following acts: |
22 | (1) Driving, operating, or being in actual physical control of a vehicle or a vessel under |
23 | power or sail while impaired by cannabis or cannabis products; |
24 | (2) Possessing or using cannabis or cannabis products if the person is in state custody; |
25 | (3) Possessing or using cannabis or cannabis products in any local detention facility, jail, |
26 | state prison, reformatory, or other correctional facility, including, without limitation, any facility |
27 | for the detention of juvenile offenders; or |
28 | (4) Manufacturing or processing of cannabis products with the use of prohibited solvents, |
29 | in violation of this chapter and chapter 28.6 of title 21; or |
30 | (5) Possessing, using, distributing, cultivating, processing or manufacturing cannabis or |
31 | cannabis products which do not satisfy the requirements of this chapter and chapter 28.6 of title 21. |
32 | 21-28.11-31. Social equity assistance fund. |
33 | (a) There shall be established and set up on the books of the state within the general fund, |
34 | a separate fund to be known as the "social equity assistance fund". |
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1 | (b) It shall, subject to appropriation, consist of all monies received on account of the state |
2 | as a result of application for and licensing of individuals and entities pursuant to the provisions of |
3 | this chapter, all civil penalties received for violations of this chapter and interest earned on balances |
4 | in the fund. |
5 | (c) Subject to appropriation, money in the fund shall be expended for the implementation |
6 | and administration of programming for restorative justice, jail diversion, drug rehabilitation and |
7 | education workforce development for jobs related to cannabis cultivation, transportation, |
8 | distribution and sales, mentoring services for economically-disadvantaged persons in communities |
9 | disproportionately impacted by high rates of arrest and incarceration for cannabis and direct |
10 | financial assistance to economically disadvantaged persons to gain entry into lawful cannabis |
11 | business. |
12 | (d) Disbursement from the fund may include provisions for interest free loans to pay the |
13 | application and annual licensing fee for individuals who have previously been disproportionately |
14 | impacted by criminal enforcement of marijuana laws to include individuals convicted of nonviolent |
15 | marijuana offenses, immediate family members of individuals convicted of non-violent marijuana |
16 | offenses, and for those individuals who have resided in disproportionately impacted areas for at |
17 | least five (5) of the last ten (10) years. |
18 | (e) The commission in consultation with the office of diversity, equity and opportunity |
19 | shall promulgate rules establishing the criteria, eligibility, qualifications and process for |
20 | administering disbursement of the funds. |
21 | (f) The commission shall administer the program and the authorized disbursement of funds |
22 | as appropriated. |
23 | 21-28.11-32. Tax receipts. |
24 | Revenue collected as sales tax or state cannabis excise tax pursuant to the provisions of § |
25 | 21-28.11-13 shall be paid into the state's general fund. |
26 | SECTION 2. Title 44 of the General Laws entitled "TAXATION" is hereby amended by |
27 | adding thereto the following chapter: |
28 | CHAPTER 70 |
29 | CANNABIS TAX |
30 | 44-70-1. Definitions. |
31 | (a) As used in this chapter, the following words shall, unless the context clearly requires |
32 | otherwise, have the following meanings: |
33 | (1) ''Administrator'' means the state tax administrator in the department of revenue as set |
34 | forth in chapter 1 of title 44. |
| LC002305/SUB A/3 - Page 50 of 88 |
1 | (2) "Cannabis control commission" means the entity established as set forth in chapter |
2 | 28.11 of title 21. |
3 | (3) ''Cannabis,'' ''Marijuana establishment,'' "Marijuana paraphernalia," ''Marijuana |
4 | products'' and ''Marijuana retailer'', shall have the same meaning as defined in chapter 28.11 of title |
5 | 21. |
6 | (4) "Local cannabis excise tax" means the tax set forth in § 44-70-3. |
7 | (5) "State cannabis excise tax" means the tax set forth in § 44-70-2. |
8 | 44-70-2. State cannabis excise tax -- Rate -- Payment. |
9 | (a) Except for a sale in compliance with the provisions of chapter 28.6 of the title 21, a |
10 | state cannabis excise tax is hereby imposed upon the sale of cannabis or cannabis products by a |
11 | cannabis retailer to anyone other than a cannabis establishment at a rate of ten percent (10%) of the |
12 | total sales price received by the cannabis retailer as consideration for the sale of cannabis or |
13 | cannabis products. The state cannabis excise tax shall be levied in addition to any sales and use |
14 | state tax imposed upon the sale of property or services as provided in chapter 18 of title 44 and |
15 | shall be paid by a cannabis retailer to the administrator at the time provided for filing the return |
16 | required by chapters 18 and 19 of title 44. |
17 | (b) The assessment, collection and enforcement of the state cannabis excise tax shall be |
18 | pursuant to the provisions of chapters 18 and 19 of title 44 and paid to the administrator by the |
19 | retailer at the time and in the manner prescribed for sales tax in § 44-19-10. The retailer shall add |
20 | the tax imposed by this section to the sales price or charge, and when added the tax constitutes a |
21 | part of the price or charge, is a debt from the consumer or user to the retailer and is recoverable at |
22 | law in the same manner as other debts. |
23 | (c) Failure to pay the state cannabis excise tax to the state, or any amount of tax required |
24 | to be collected and paid to the state, shall result in interest at the annual rate provided by § 44-1-7 |
25 | from the date on which the tax or amount of the tax required to be collected became due and payable |
26 | to the state until date of payment. |
27 | 44-70-3. Local cannabis excise tax. |
28 | (a) Except for a sale in compliance with the provisions of chapter 28.6 of title 21, a city or |
29 | town shall impose a local cannabis excise tax upon sale or transfer of cannabis or cannabis products |
30 | by a cannabis retailer operating within the city or town to anyone other than a cannabis |
31 | establishment at a rate of three percent (3%) of the total sales price received by the cannabis retailer |
32 | as consideration for the sale of cannabis or cannabis products. |
33 | (b) The assessment, collection and enforcement of the local cannabis excise tax shall be |
34 | pursuant to the provisions of chapters 18 and 19 of title 44 and paid to the tax administrator by the |
| LC002305/SUB A/3 - Page 51 of 88 |
1 | retailer at the time and in the manner proscribed for sales tax in § 44-19-10. The retailer shall add |
2 | the tax imposed by this section to the sales price or charge, and when added the tax constitutes a |
3 | part of the price or charge, is a debt from the consumer or user to the retailer, and is recoverable at |
4 | law in the same manner as other debts. |
5 | (c) All sums received by the division of taxation under this section as local cannabis excise |
6 | tax or associated amounts as penalties, forfeitures, interest, costs of suit, and fines shall be |
7 | distributed at least quarterly and credited and paid by the state treasurer to the city or town where |
8 | the cannabis is delivered. |
9 | 44-70-4. Exemptions. |
10 | The state cannabis excise tax and the local cannabis excise tax provided by this chapter |
11 | shall not apply to the sale of cannabis or cannabis products by a medical marijuana treatment center |
12 | as defined in § 21-28.11-3 or a registered primary caregiver to a qualifying patient as defined in § |
13 | 21-28.6-3, cardholder, compassion center cardholder, or authorized purchaser pursuant to chapter |
14 | 28.6 of title 21. |
15 | 44-70-5. Application of tax revenue. |
16 | The administrator shall deposit revenue collected pursuant to this chapter from the excise |
17 | tax and the sales tax into the general fund. |
18 | 44-70-6. Rates of taxation. |
19 | The general assembly may adjust the rates of taxation provided for in this chapter from |
20 | time to time. The cannabis control commission may make such recommendations to the general |
21 | assembly as the commission deems appropriate in regard to the rate of taxation set forth in this |
22 | chapter. |
23 | SECTION 3. Sections 21-28.6-12 and 21-28.6-17 of the General Laws in Chapter 21-28.6 |
24 | entitled "The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act" are hereby |
25 | amended to read as follows: |
26 | 21-28.6-12. Compassion centers. |
27 | (a) A compassion center licensed under this section may acquire, possess, cultivate, |
28 | manufacture, deliver, transfer, transport, supply, or dispense medical marijuana, or related supplies |
29 | and educational materials, to registered qualifying patients and their registered primary caregivers |
30 | or authorized purchasers, or out-of-state patient cardholders or other marijuana establishment |
31 | licensees. Except as specifically provided to the contrary, all provisions of this chapter (the Edward |
32 | O. Hawkins and Thomas C. Slater medical marijuana act), apply to a compassion center unless the |
33 | provision(s) conflict with a provision contained in this section. |
34 | (b) License of compassion centers -- authority of the departments of health and business |
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1 | regulation: |
2 | (1) Not later than ninety (90) days after the effective date of this chapter, the department |
3 | of health shall promulgate regulations governing the manner in which it shall consider applications |
4 | for licenses for compassion centers, including regulations governing: |
5 | (i) The form and content of license and renewal applications; |
6 | (ii) Minimum oversight requirements for compassion centers; |
7 | (iii) Minimum record-keeping requirements for compassion centers; |
8 | (iv) Minimum security requirements for compassion centers; and |
9 | (v) Procedures for suspending, revoking, or terminating the license of compassion centers |
10 | that violate the provisions of this section or the regulations promulgated pursuant to this subsection. |
11 | (2) Within ninety (90) days of the effective date of this chapter, the department of health |
12 | shall begin accepting applications for the operation of a single compassion center. |
13 | (3) Within one hundred fifty (150) days of the effective date of this chapter, the department |
14 | of health shall provide for at least one public hearing on the granting of an application to a single |
15 | compassion center. |
16 | (4) Within one hundred ninety (190) days of the effective date of this chapter, the |
17 | department of health shall grant a single license to a single compassion center, providing at least |
18 | one applicant has applied who meets the requirements of this chapter. |
19 | (5) If at any time after fifteen (15) months after the effective date of this chapter, there is |
20 | no operational compassion center in Rhode Island, the department of health shall accept |
21 | applications, provide for input from the public, and issue a license for a compassion center if a |
22 | qualified applicant exists. |
23 | (6) Within two (2) years of the effective date of this chapter, the department of health shall |
24 | begin accepting applications to provide licenses for two (2) additional compassion centers. The |
25 | department shall solicit input from the public, and issue licenses if qualified applicants exist. |
26 | (7)(i) Any time a compassion center license is revoked, is relinquished, or expires on or |
27 | before December 31, 2016, the department of health shall accept applications for a new compassion |
28 | center. |
29 | (ii) Any time a compassion center license is revoked, is relinquished, or expires on or after |
30 | January 1, 2017, the department of business regulation shall accept applications for a new |
31 | compassion center. |
32 | (8)(i) If at any time after three (3) years after the effective date of this chapter and on or |
33 | before December 31, 2016, fewer than three (3) compassion centers are holding valid licenses in |
34 | Rhode Island, the department of health shall accept applications for a new compassion center. If at |
| LC002305/SUB A/3 - Page 53 of 88 |
1 | any time on or after January 1, 2017, fewer than three (3) compassion centers are holding valid |
2 | licenses in Rhode Island, the department of business regulation shall accept applications for a new |
3 | compassion center. There shall be nine (9) compassion centers that may hold valid licenses at one |
4 | time. If at any time on or after July 1, 2019, fewer than nine (9) compassion centers are holding |
5 | valid licenses in Rhode Island, the department of business regulation shall accept applications for |
6 | new compassion centers and shall continue the process until nine (9) licenses have been issued by |
7 | the department of business regulation. |
8 | (9) Any compassion center application selected for approval by the department of health |
9 | on or before December 31, 2016, or selected for approval by the department of business regulation |
10 | on or after January 1, 2017, shall remain in full force and effect, notwithstanding any provisions of |
11 | this chapter to the contrary, and shall be subject to state law adopted herein and rules and regulations |
12 | adopted by the departments of health and business regulation subsequent to passage of this |
13 | legislation. |
14 | (10) A licensed cultivator may apply for, and be issued, an available compassion center |
15 | license, provided that the licensed cultivation premises is disclosed on the compassion center |
16 | application as the permitted second location for growing medical marijuana in accordance with |
17 | subsection (c)(i) of this section. If a licensed cultivator is issued an available compassion center |
18 | license, their cultivation facility license will merge with and into their compassion center license in |
19 | accordance with regulations promulgated by the department of business regulation. Once merged, |
20 | the cultivation of medical marijuana may then be conducted under the compassion center license |
21 | in accordance with this section and the cultivation license will be considered null and void and of |
22 | no further force or effect. |
23 | (c) Compassion center and agent applications and license: |
24 | (1) Each application for a compassion center shall be submitted in accordance with |
25 | regulations promulgated by the department of business regulation and shall include, but not be |
26 | limited to: |
27 | (i) A non-refundable application fee paid to the department in the amount of ten thousand |
28 | dollars ($10,000); |
29 | (ii) The proposed legal name and proposed articles of incorporation of the compassion |
30 | center; |
31 | (iii) The proposed physical address of the compassion center, if a precise address has been |
32 | determined, or, if not, the general location where it would be located. This may include a second |
33 | location for the cultivation of medical marijuana; |
34 | (iv) A description of the enclosed, locked facility that would be used in the cultivation of |
| LC002305/SUB A/3 - Page 54 of 88 |
1 | medical marijuana; |
2 | (v) The name, address, and date of birth of each principal officer and board member of the |
3 | compassion center; |
4 | (vi) Proposed security and safety measures that shall include at least one security alarm |
5 | system for each location, planned measures to deter and prevent the unauthorized entrance into |
6 | areas containing marijuana and the theft of marijuana, as well as a draft, employee-instruction |
7 | manual including security policies, safety and security procedures, personal safety, and crime- |
8 | prevention techniques; and |
9 | (vii) Proposed procedures to ensure accurate record keeping. |
10 | (2)(i) For applications submitted on or before December 31, 2016, any time one or more |
11 | compassion center license applications are being considered, the department of health shall also |
12 | allow for comment by the public and shall solicit input from registered qualifying patients, |
13 | registered primary caregivers, and the towns or cities where the applicants would be located; |
14 | (ii) For applications submitted on or after January 1, 2017, any time one or more |
15 | compassion center license applications are being considered, the department of business regulation |
16 | shall also allow for comment by the public and shall solicit input from registered qualifying |
17 | patients, registered primary caregivers, and the towns or cities where the applicants would be |
18 | located. |
19 | (3) Each time a new compassion center license is issued, the decision shall be based upon |
20 | the overall health needs of qualified patients and the safety of the public, including, but not limited |
21 | to, the following factors: |
22 | (i) Convenience to patients from areas throughout the state of Rhode Island; |
23 | (ii) The applicant's ability to provide a steady supply to the registered qualifying patients |
24 | in the state; |
25 | (iii) The applicant's experience running a non-profit or business; |
26 | (iv) The interests of qualifying patients regarding which applicant be granted a license; |
27 | (v) The interests of the city or town where the dispensary would be located taking into |
28 | consideration need and population; |
29 | (vi) Nothing herein shall prohibit more than one compassion center being geographically |
30 | located in any city or town; |
31 | (vii) The sufficiency of the applicant's plans for record keeping and security, which records |
32 | shall be considered confidential healthcare information under Rhode Island law and are intended |
33 | to be deemed protected healthcare information for purposes of the Federal Health Insurance |
34 | Portability and Accountability Act of 1996, as amended; and |
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1 | (viii) The sufficiency of the applicant's plans for safety and security, including proposed |
2 | location, security devices employed, and staffing. |
3 | (4) A compassion center approved by the department of health on or before December 31, |
4 | 2016, shall submit the following to the department before it may begin operations: |
5 | (i) A fee paid to the department in the amount of five thousand dollars ($5,000); |
6 | (ii) The legal name and articles of incorporation of the compassion center; |
7 | (iii) The physical address of the compassion center; this may include a second address for |
8 | the secure cultivation of marijuana; |
9 | (iv) The name, address, and date of birth of each principal officer and board member of the |
10 | compassion center; and |
11 | (v) The name, address, and date of birth of any person who will be an agent of, employee, |
12 | or volunteer of the compassion center at its inception. |
13 | (5)(i) A compassion center approved or renewed by the department of business regulation |
14 | on or after January 1, 2017, but before July 1, 2019, shall submit materials pursuant to regulations |
15 | promulgated by the department of business regulation before it may begin operations: |
16 | (A) A fee paid to the department in the amount of five thousand dollars ($5,000); |
17 | (B) The legal name and articles of incorporation of the compassion center; |
18 | (C) The physical address of the compassion center; this may include a second address for |
19 | the secure cultivation of medical marijuana; |
20 | (D) The name, address, and date of birth of each principal officer and board member of the |
21 | compassion center; |
22 | (E) The name, address, and date of birth of any person who will be an agent, employee, or |
23 | volunteer of the compassion center at its inception. |
24 | (ii) A compassion center approved or renewed by the department of business regulation on |
25 | or after July 1, 2019, shall submit materials pursuant to regulations promulgated by the department |
26 | of business regulation before it may begin operations, which shall include but not be limited to: |
27 | (A) A fee paid to the department in the amount of five hundred thousand dollars |
28 | ($500,000); |
29 | (B) The legal name and articles of incorporation of the compassion center; |
30 | (C) The physical address of the compassion center; this may include a second address for |
31 | the secure cultivation of medical marijuana; |
32 | (D) The name, address, and date of birth of each principal officer and board member of the |
33 | compassion center, and any person who has a direct or indirect ownership interest in any marijuana |
34 | establishment licensee, which ownership interest shall include, but not be limited to, any interests |
| LC002305/SUB A/3 - Page 56 of 88 |
1 | arising pursuant to the use of shared management companies, management agreements or other |
2 | agreements that afford third-party management or operational control, or other familial or business |
3 | relationships between compassion center or cultivator owners, members, officers, directors, |
4 | managers, investors, agents, or key persons that effect dual license interests as determined by the |
5 | department of business regulation; |
6 | (E) The name, address, and date of birth of any person who will be an agent, employee, or |
7 | volunteer of the compassion center at its inception. |
8 | (6) Except as provided in subsection (c)(7) of this section, the department of health or the |
9 | department of business regulation shall issue each principal officer, board member, agent, |
10 | volunteer, and employee of a compassion center a registry identification card or renewal card after |
11 | receipt of the person's name, address, date of birth; a fee in an amount established by the department |
12 | of health or the department of business regulation; and, except in the case of an employee, |
13 | notification to the department of health or the department of business regulation by the department |
14 | of public safety division of state police, attorney general's office, or local law enforcement that the |
15 | registry identification card applicant has not been convicted of a felony drug offense or has not |
16 | entered a plea of nolo contendere for a felony drug offense and received a sentence of probation. |
17 | Each card shall specify that the cardholder is a principal officer, board member, agent, volunteer, |
18 | or employee of a compassion center and shall contain the following: |
19 | (i) The name, address, and date of birth of the principal officer, board member, agent, |
20 | volunteer, or employee; |
21 | (ii) The legal name of the compassion center to which the principal officer, board member, |
22 | agent, volunteer, or employee is affiliated; |
23 | (iii) A random identification number that is unique to the cardholder; |
24 | (iv) The date of issuance and expiration date of the registry identification card; and |
25 | (v) A photograph, if the department of health or the department of business regulation |
26 | decides to require one. |
27 | (7) Except as provided in this subsection, neither the department of health nor the |
28 | department of business regulation shall issue a registry identification card to any principal officer, |
29 | board member, or agent, of a compassion center who has been convicted of a felony drug offense |
30 | or has entered a plea of nolo contendere for a felony drug offense and received a sentence of |
31 | probation. If a registry identification card is denied, the compassion center will be notified in |
32 | writing of the purpose for denying the registry identification card. A registry identification card |
33 | may be granted if the offense was for conduct that occurred prior to the enactment of the Edward |
34 | O. Hawkins and Thomas C. Slater medical marijuana act or that was prosecuted by an authority |
| LC002305/SUB A/3 - Page 57 of 88 |
1 | other than the state of Rhode Island and for which the Edward O. Hawkins and Thomas C. Slater |
2 | medical marijuana act would otherwise have prevented a conviction. |
3 | (i) All registry identification card applicants shall apply to the department of public safety |
4 | division of state police, the attorney general's office, or local law enforcement for a national |
5 | criminal identification records check that shall include fingerprints submitted to the federal bureau |
6 | of investigation. Upon the discovery of a felony drug offense conviction or a plea of nolo |
7 | contendere for a felony drug offense with a sentence of probation, and in accordance with the rules |
8 | promulgated by the department of health and the department of business regulation, the department |
9 | of public safety division of state police, the attorney general's office, or local law enforcement shall |
10 | inform the applicant, in writing, of the nature of the felony and the department of public safety |
11 | division of state police shall notify the department of health or the department of business |
12 | regulation, in writing, without disclosing the nature of the felony, that a felony drug offense |
13 | conviction or a plea of nolo contendere for a felony drug offense with probation has been found. |
14 | (ii) In those situations in which no felony drug offense conviction or plea of nolo |
15 | contendere for a felony drug offense with probation has been found, the department of public safety |
16 | division of state police, the attorney general's office, or local law enforcement shall inform the |
17 | applicant and the department of health or the department of business regulation, in writing, of this |
18 | fact. |
19 | (iii) All registry identification card applicants, except for employees with no ownership, |
20 | equity, financial interest, or managing control of a marijuana establishment license, shall be |
21 | responsible for any expense associated with the criminal background check with fingerprints. |
22 | (8) A registry identification card of a principal officer, board member, agent, volunteer, |
23 | employee, or any other designation required by the department of business regulation shall expire |
24 | one year after its issuance, or upon the expiration of the licensed organization's license, or upon the |
25 | termination of the principal officer, board member, agent, volunteer, or employee's relationship |
26 | with the compassion center, whichever occurs first. |
27 | (9) A compassion center cardholder shall notify and request approval from the department |
28 | of business regulation of any change in his or her name or address within ten (10) days of the |
29 | change. A compassion center cardholder who fails to notify the department of business regulation |
30 | of any of these changes is responsible for a civil infraction, punishable by a fine of no more than |
31 | one hundred fifty dollars ($150). |
32 | (10) When a compassion center cardholder notifies the department of health or the |
33 | department of business regulation of any changes listed in this subsection, the department shall |
34 | issue the cardholder a new registry identification card within ten (10) days of receiving the updated |
| LC002305/SUB A/3 - Page 58 of 88 |
1 | information and a ten-dollar ($10.00) fee. |
2 | (11) If a compassion center cardholder loses his or her registry identification card, he or |
3 | she shall notify the department of health or the department of business regulation and submit a ten- |
4 | dollar ($10.00) fee within ten (10) days of losing the card. Within five (5) days, the department |
5 | shall issue a new registry identification card with new random identification number. |
6 | (12) On or before December 31, 2016, a compassion center cardholder shall notify the |
7 | department of health of any disqualifying criminal convictions as defined in subsection (c)(7) of |
8 | this section. The department of health may choose to suspend and/or revoke his or her registry |
9 | identification card after the notification. |
10 | (13) On or after January 1, 2017, a compassion center cardholder shall notify the |
11 | department of business regulation of any disqualifying criminal convictions as defined in |
12 | subsection (c)(7) of this section. The department of business regulation may choose to suspend |
13 | and/or revoke his or her registry identification card after the notification. |
14 | (14) If a compassion center cardholder violates any provision of this chapter or regulations |
15 | promulgated hereunder as determined by the departments of health and business regulation, his or |
16 | her registry identification card may be suspended and/or revoked. |
17 | (d) Expiration or termination of compassion center: |
18 | (1) On or before December 31, 2016, a compassion center's license shall expire two (2) |
19 | years after its license is issued. On or after January 1, 2017, a compassion center's license shall |
20 | expire one year after its license is issued. The compassion center may submit a renewal application |
21 | beginning sixty (60) days prior to the expiration of its license. |
22 | (2) The department of health or the department of business regulation shall grant a |
23 | compassion center's renewal application within thirty (30) days of its submission if the following |
24 | conditions are all satisfied: |
25 | (i) The compassion center submits the materials required under subsections (c)(4) and |
26 | (c)(5) of this section, including a five-hundred-thousand-dollar ($500,000) fee except on the |
27 | effective date of chapter 28.11 of title 21 the fee shall be reduced to two hundred fifty thousand |
28 | dollars ($250,000); |
29 | (ii) The compassion center's license has never been suspended for violations of this chapter |
30 | or regulations issued pursuant to this chapter; and |
31 | (iii) The department of business regulation finds that the compassion center is adequately |
32 | providing patients with access to medical marijuana at reasonable rates. |
33 | (3) If the department of health or the department of business regulation determines that any |
34 | of the conditions listed in subsections (d)(2)(i) -- (iii) of this section have not been met, the |
| LC002305/SUB A/3 - Page 59 of 88 |
1 | department may begin an open application process for the operation of a compassion center. In |
2 | granting a new license, the department of health or the department of business regulation shall |
3 | consider factors listed in subsection (c)(3) of this section. |
4 | (4) The department of business regulation shall issue a compassion center one or more |
5 | thirty-day (30) temporary licenses after that compassion center's license would otherwise expire if |
6 | the following conditions are all satisfied: |
7 | (i) The compassion center previously applied for a renewal, but the department had not yet |
8 | come to a decision; |
9 | (ii) The compassion center requested a temporary license; and |
10 | (iii) The compassion center has not had its license suspended or revoked due to violations |
11 | of this chapter or regulations issued pursuant to this chapter. |
12 | (5) A compassion center's license shall be denied, suspended, or subject to revocation if |
13 | the compassion center: |
14 | (i) Possesses an amount of marijuana exceeding the limits established by this chapter; |
15 | (ii) Is in violation of the laws of this state; |
16 | (iii) Is in violation of other departmental regulations; |
17 | (iv) Employs or enters into a business relationship with a medical practitioner who provides |
18 | written certification of a qualifying patient's medical condition; or |
19 | (v) If any compassion center owner, member, officer, director, manager, investor, agent, |
20 | or key person as defined in regulations promulgated by the department of business regulation, has |
21 | any interest, direct or indirect, in another compassion center or another licensed cultivator, except |
22 | as permitted in subsection (b)(10) of this section or § 21-28.11-19. Prohibited interests shall also |
23 | include interests arising pursuant to the use of shared management companies, management |
24 | agreements, or other agreements that afford third-party management or operational control, or other |
25 | familial or business relationships between compassion center or cultivator owners, members, |
26 | officers, directors, managers, investors, agents, or key persons that effect dual license interests as |
27 | determined by the department of business regulation. |
28 | (e) Inspection. Compassion centers are subject to reasonable inspection by the department |
29 | of health, division of facilities regulation, and the department of business regulation. During an |
30 | inspection, the departments may review the compassion center's confidential records, including its |
31 | dispensing records, which shall track transactions according to qualifying patients' registry |
32 | identification numbers to protect their confidentiality. |
33 | (f) Compassion center requirements: |
34 | (1) A compassion center shall be operated on a not-for-profit basis for the mutual benefit |
| LC002305/SUB A/3 - Page 60 of 88 |
1 | of its patients. A compassion center need not be recognized as a tax-exempt organization by the |
2 | Internal Revenue Service. A compassion center shall be subject to regulations promulgated by the |
3 | department of business regulation for general operations and record keeping, which shall include, |
4 | but not be limited to: |
5 | (i) Minimum security and surveillance requirements; |
6 | (ii) Minimum requirements for workplace safety and sanitation; |
7 | (iii) Minimum requirements for product safety and testing; |
8 | (iv) Minimum requirements for inventory tracking and monitoring; |
9 | (v) Minimum requirements for the secure transport and transfer of medical marijuana; |
10 | (vi) Minimum requirements to address odor mitigation; |
11 | (vii) Minimum requirements for product packaging and labeling; |
12 | (viii) Minimum requirements and prohibitions for advertising; |
13 | (ix) Minimum requirements for the testing and destruction of marijuana. Wherever |
14 | destruction of medical marijuana and medical marijuana product is required to bring a person or |
15 | entity into compliance with any provision of this chapter, any rule or regulation promulgated |
16 | thereunder, or any administrative order issued in accordance therewith, the director of the |
17 | department of business regulation may designate his or her employees or agents to facilitate the |
18 | destruction; |
19 | (x) A requirement that if a compassion center violates this chapter, or any regulation |
20 | thereunder, and the department of business regulation determines that violation does not pose an |
21 | immediate threat to public health or public safety, the compassion center shall pay to the department |
22 | of business regulation a fine of no less than five-hundred dollars ($500); and |
23 | (xi) A requirement that if a compassion center violates this chapter, or any regulation |
24 | promulgated hereunder, and the department of business regulation determines that the violation |
25 | poses an immediate threat to public health or public safety, the compassion center shall pay to the |
26 | department of business regulation a fine of no less than two thousand dollars ($2,000) and the |
27 | department shall be entitled to pursue any other enforcement action provided for under this chapter |
28 | and the regulations. |
29 | (2) A compassion center may not be located within one thousand feet (1,000') of the |
30 | property line of a preexisting public or private school. |
31 | (3) On or before December 31, 2016, a compassion center shall notify the department of |
32 | health within ten (10) days of when a principal officer, board member, agent, volunteer, or |
33 | employee ceases to work at the compassion center. On or after January 1, 2017, a compassion |
34 | center shall notify the department of business regulation within ten (10) days of when a principal |
| LC002305/SUB A/3 - Page 61 of 88 |
1 | officer, board member, agent, volunteer, or employee ceases to work at the compassion center. His |
2 | or her card shall be deemed null and void and the person shall be liable for any penalties that may |
3 | apply to any nonmedical possession or use of marijuana by the person. |
4 | (4)(i) On or before December 31, 2016, a compassion center shall notify the department of |
5 | health in writing of the name, address, and date of birth of any new principal officer, board member, |
6 | agent, volunteer, or employee and shall submit a fee in an amount established by the department |
7 | for a new registry identification card before that person begins his or her relationship with the |
8 | compassion center; |
9 | (ii) On or after January 1, 2017, a compassion center shall notify the department of business |
10 | regulation, in writing, of the name, address, and date of birth of any new principal officer, board |
11 | member, agent, volunteer, or employee and shall submit a fee in an amount established by the |
12 | department of business regulation for a new registry identification card before that person begins |
13 | his or her relationship with the compassion center; |
14 | (5) A compassion center shall implement appropriate security measures to deter and |
15 | prevent the unauthorized entrance into areas containing marijuana and the theft of marijuana and |
16 | shall ensure that each location has an operational security alarm system. Each compassion center |
17 | shall request that the department of public safety division of state police visit the compassion center |
18 | to inspect the security of the facility and make any recommendations regarding the security of the |
19 | facility and its personnel within ten (10) days prior to the initial opening of each compassion center. |
20 | The recommendations shall not be binding upon any compassion center, nor shall the lack of |
21 | implementation of the recommendations delay or prevent the opening or operation of any center. |
22 | If the department of public safety division of state police does not inspect the compassion center |
23 | within the ten-day (10) period, there shall be no delay in the compassion center's opening. |
24 | (6) The operating documents of a compassion center shall include procedures for the |
25 | oversight of the compassion center and procedures to ensure accurate record keeping. |
26 | (7) A compassion center is prohibited from acquiring, possessing, cultivating, |
27 | manufacturing, delivering, transferring, transporting, supplying, or dispensing marijuana for any |
28 | purpose except to assist patient cardholders with the medical use of marijuana directly or through |
29 | the qualifying patient's primary caregiver or authorized purchaser. |
30 | (8) All principal officers and board members of a compassion center must be residents of |
31 | the state of Rhode Island. |
32 | (9) Each time a new, registered, qualifying patient visits a compassion center, it shall |
33 | provide the patient with a frequently-asked-questions sheet, designed by the department, that |
34 | explains the limitations on the right to use medical marijuana under state law. |
| LC002305/SUB A/3 - Page 62 of 88 |
1 | (10) Effective July 1, 2017, each compassion center shall be subject to any regulations |
2 | promulgated by the departments of health and business regulation that specify how marijuana must |
3 | be tested for items, included but not limited to, cannabinoid profile and contaminants. |
4 | (11) Effective January 1, 2017, each compassion center shall be subject to any product |
5 | labeling requirements promulgated by the department of business regulation. |
6 | (12) Each compassion center shall develop, implement, and maintain on the premises |
7 | employee, volunteer, and agent policies and procedures to address the following requirements: |
8 | (i) A job description or employment contract developed for all employees and agents, and |
9 | a volunteer agreement for all volunteers, that includes duties, authority, responsibilities, |
10 | qualifications, and supervision; and |
11 | (ii) Training in, and adherence to, state confidentiality laws. |
12 | (13) Each compassion center shall maintain a personnel record for each employee, agent, |
13 | and volunteer that includes an application and a record of any disciplinary action taken. |
14 | (14) Each compassion center shall develop, implement, and maintain on the premises an |
15 | on-site training curriculum, or enter into contractual relationships with outside resources capable |
16 | of meeting employee training needs, that includes, but is not limited to, the following topics: |
17 | (i) Professional conduct, ethics, and patient confidentiality; and |
18 | (ii) Informational developments in the field of medical use of marijuana. |
19 | (15) Each compassion center entity shall provide each employee, agent, and volunteer, at |
20 | the time of his or her initial appointment, training in the following: |
21 | (i) The proper use of security measures and controls that have been adopted; and |
22 | (ii) Specific procedural instructions on how to respond to an emergency, including robbery |
23 | or violent accident. |
24 | (16) All compassion centers shall prepare training documentation for each employee and |
25 | volunteer and have employees and volunteers sign a statement indicating the date, time, and place |
26 | the employee and volunteer received the training and topics discussed, to include name and title of |
27 | presenters. The compassion center shall maintain documentation of an employee's and a volunteer's |
28 | training for a period of at least six (6) months after termination of an employee's employment or |
29 | the volunteer's volunteering. |
30 | (g) Maximum amount of usable marijuana to be dispensed: |
31 | (1) A compassion center or principal officer, board member, agent, volunteer, or employee |
32 | of a compassion center may not dispense more than two and one-half ounces (2.5 oz.) of usable |
33 | marijuana, or its equivalent, to a qualifying patient directly or through a qualifying patient's primary |
34 | caregiver or authorized purchaser during a fifteen-day (15) period. |
| LC002305/SUB A/3 - Page 63 of 88 |
1 | (2) A compassion center or principal officer, board member, agent, volunteer, or employee |
2 | of a compassion center may not dispense an amount of usable marijuana, or its equivalent, to a |
3 | patient cardholder, qualifying patient, a qualifying patient's primary caregiver, or a qualifying |
4 | patient's authorized purchaser that the compassion center, principal officer, board member, agent, |
5 | volunteer, or employee knows would cause the recipient to possess more marijuana than is |
6 | permitted under the Edward O. Hawkins and Thomas C. Slater medical marijuana act. |
7 | (3) Compassion centers shall utilize a database administered by the departments of health |
8 | and business regulation. The database shall contain all compassion centers' transactions according |
9 | to qualifying patients', authorized purchasers', and primary caregivers' registry identification |
10 | numbers to protect the confidentiality of patient personal and medical information. Compassion |
11 | centers will not have access to any applications or supporting information submitted by qualifying |
12 | patients, authorized purchasers or primary caregivers. Before dispensing marijuana to any patient |
13 | or authorized purchaser, the compassion center must utilize the database to ensure that a qualifying |
14 | patient is not dispensed more than two and one-half ounces (2.5 oz.) of usable marijuana or its |
15 | equivalent directly or through the qualifying patient's primary caregiver or authorized purchaser |
16 | during a fifteen-day (15) period. |
17 | (4) A compassion center may sell and disburse up to fifty percent (50%) of the total |
18 | marijuana/cannabis sold to adult non-medical customers. Non-medical sales shall be in compliance |
19 | with all the provisions of chapter 28.11 of title 21. All taxes and fees shall be collected on non- |
20 | medical sales. Notwithstanding the authorization that fifty percent (50%) of the marijuana/cannabis |
21 | sold may be to non-medical users, a compassion center shall sell no marijuana/cannabis purchased |
22 | or produced for sale as medical marijuana at retail to a non-medical marijuana/cannabis purchaser. |
23 | Authorized sales to any non-medical marijuana/cannabis purchaser by a compassion center shall |
24 | be solely limited to cannabis cultivated by a licensee cultivating cannabis pursuant to a license |
25 | issued in compliance with the provisions of § 21-28.11-7, or to cannabis purchased from an entity |
26 | licensed pursuant to the provisions of chapter 28.11 of title 21. A compassion center may acquire |
27 | a cultivator's license pursuant to the provisions of § 21-28.11-7 to cultivate cannabis for retail sale |
28 | to non-medical customers. |
29 | (h) Immunity: |
30 | (1) No licensed compassion center shall be subject to prosecution; search, except by the |
31 | departments pursuant to subsection (e) of this section; seizure; or penalty in any manner, or denied |
32 | any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business, |
33 | occupational, or professional licensing board or entity, solely for acting in accordance with this |
34 | section to assist registered qualifying patients. |
| LC002305/SUB A/3 - Page 64 of 88 |
1 | (2) No licensed compassion center shall be subject to prosecution, 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, for |
4 | selling, giving, or distributing marijuana in whatever form, and within the limits established by, the |
5 | department of health or the department of business regulation to another registered compassion |
6 | center. |
7 | (3) No principal officers, board members, agents, volunteers, or employees of a registered |
8 | compassion center shall be subject to arrest, prosecution, search, seizure, or penalty in any manner, |
9 | or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by |
10 | a business, occupational, or professional licensing board or entity, solely for working for or with a |
11 | compassion center to engage in acts permitted by this section. |
12 | (4) No state employee shall be subject to arrest, prosecution or penalty in any manner, or |
13 | denied any right or privilege, including, but not limited to, civil penalty, disciplinary action, |
14 | termination, or loss of employee or pension benefits, for any and all conduct that occurs within the |
15 | scope of his or her employment regarding the administration, execution and/or enforcement of this |
16 | act, and the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this section. |
17 | (i) Prohibitions: |
18 | (1) A compassion center must limit its inventory of seedlings, plants, and marijuana to |
19 | reflect the projected needs of qualifying patients; |
20 | (2) A compassion center may not dispense, deliver, or otherwise transfer marijuana to a |
21 | person other than a patient cardholder or to a qualified patient's primary caregiver or authorized |
22 | purchaser; |
23 | (3) A compassion center may not procure, purchase, transfer, or sell marijuana to or from |
24 | any entity other than a marijuana establishment licensee in accordance with the provisions of this |
25 | chapter; |
26 | (4) A person found to have violated subsection (h)(2) or (h)(3) of this section may not be |
27 | an employee, agent, volunteer, principal officer, or board member of any compassion center; |
28 | (5) An employee, agent, volunteer, principal officer or board member of any compassion |
29 | center found in violation of subsection (h)(2) or (h)(3) of this section shall have his or her registry |
30 | identification revoked immediately; and |
31 | (6) No person who has been convicted of a felony drug offense or has entered a plea of |
32 | nolo contendere for a felony drug offense with a sentence of probation may be the principal officer, |
33 | board member, or agent of a compassion center unless the department has determined that the |
34 | person's conviction was for the medical use of marijuana or assisting with the medical use of |
| LC002305/SUB A/3 - Page 65 of 88 |
1 | marijuana in accordance with the terms and conditions of this chapter. A person who is employed |
2 | by or is an agent, volunteer, principal officer, or board member of a compassion center in violation |
3 | of this section is guilty of a civil violation punishable by a fine of up to one thousand dollars |
4 | ($1,000). A subsequent violation of this section is a misdemeanor. |
5 | (j) Legislative oversight committee: |
6 | (1) The general assembly shall appoint a nine-member (9) oversight committee comprised |
7 | of: one member of the house of representatives; one member of the senate; one physician to be |
8 | selected from a list provided by the Rhode Island medical society; one nurse to be selected from a |
9 | list provided by the Rhode Island state nurses association; two (2) registered qualifying patients; |
10 | one registered primary caregiver; one patient advocate to be selected from a list provided by the |
11 | Rhode Island patient advocacy coalition; and the superintendent of the department of public safety, |
12 | or his/her designee. |
13 | (2) The oversight committee shall meet at least six (6) times per year for the purpose of |
14 | evaluating and making recommendations to the general assembly regarding: |
15 | (i) Patients' access to medical marijuana; |
16 | (ii) Efficacy of compassion centers; |
17 | (iii) Physician participation in the Medical Marijuana Program; |
18 | (iv) The definition of qualifying medical condition; and |
19 | (v) Research studies regarding health effects of medical marijuana for patients. |
20 | (3) On or before January 1 of every even numbered year, the oversight committee shall |
21 | report to the general assembly on its findings. |
22 | (k) License required. No person or entity shall engage in activities described in this section |
23 | without a compassion center license issued by the department of business regulation. |
24 | 21-28.6-17. Revenue. |
25 | (a) Effective July 1, 2016, Upon the effective date of the rules and regulations adopted by |
26 | the Rhode Island cannabis control commission established by § 21-28.11-4, all fees collected by |
27 | the departments of health and business regulation from applicants, registered patients, primary |
28 | caregivers, authorized purchasers, licensed medical marijuana cultivators, cooperative cultivations, |
29 | compassion centers, other licensees licensed pursuant to this chapter, and compassion-center and |
30 | other registry identification cardholders shall be paid to the social equity assistance fund established |
31 | by § 21-28.11. placed in restricted-receipt accounts to support the state's medical marijuana |
32 | program, including but not limited to, payment of expenses incurred by the departments of health |
33 | and business regulation for the administration of the program. The restricted-receipt account will |
34 | be known as the "medical marijuana licensing account" and will be housed within the budgets of |
| LC002305/SUB A/3 - Page 66 of 88 |
1 | the departments of business regulation and health. |
2 | (b) All revenues remaining in the restricted-receipt accounts after payments specified in |
3 | subsection (a) of this section shall first be paid to cover any existing deficit in the department of |
4 | health's restricted-receipt account or the department of business regulation's restricted-receipt |
5 | account. These transfers shall be made annually on the last business day of the fiscal year. |
6 | (c) All revenues remaining in the restricted-receipt accounts after payments specified in |
7 | subsections (a) and (b) shall be paid into the state's general fund. These payments shall be made |
8 | annually on the last business day of the fiscal year. |
9 | SECTION 4. Chapter 21-28.6 of the General Laws entitled "The Edward O. Hawkins and |
10 | Thomas C. Slater Medical Marijuana Act" is hereby amended by adding thereto the following |
11 | section: |
12 | 21-28.6-19. Transfer of powers. |
13 | Upon promulgation of rules and regulations by the cannabis control commission pursuant |
14 | to the provisions of chapter 28.11 of title 21, including, but not limited to, § 21-28.11-18, all rule |
15 | making authority, hearings, enforcement actions and administrative responsibilities and duties of |
16 | the department of health, department of business regulation and department of environmental |
17 | management with respect to this chapter are transferred to the cannabis control commission. |
18 | SECTION 5. Section 21-28.5-2 of the General Laws in Chapter 21-28.5 entitled "Sale of |
19 | Drug Paraphernalia" is hereby amended to read as follows: |
20 | 21-28.5-2. Manufacture or delivery of drug paraphernalia -- Penalty. |
21 | It is unlawful for any person to deliver, sell, possess with intent to deliver, or sell, or |
22 | manufacture with intent to deliver, or sell drug paraphernalia, knowing that it will be used to plant, |
23 | propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, |
24 | test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or introduce into the human |
25 | body a controlled substance in violation of chapter 28 of this title. A violation of this section shall |
26 | be punishable by a fine not exceeding five thousand dollars ($5,000) or imprisonment not exceeding |
27 | two (2) years, or both. |
28 | Notwithstanding any other provision of the general laws, the sale, manufacture, or delivery |
29 | of drug paraphernalia to a person acting in accordance with chapter chapters 28.6 and 28.11 of this |
30 | title shall not be considered a violation of this chapter. Any person violating this section, who but |
31 | for his or her age at the time of the violation would be acting in accordance with chapter 28.11 of |
32 | this title, shall be punished by a fine of one hundred dollars ($100), forfeiture of any drug |
33 | paraphernalia, and shall be ordered to complete a drug awareness program pursuant to § 21-28.11- |
34 | 27.2. |
| LC002305/SUB A/3 - Page 67 of 88 |
1 | SECTION 6. Section 21-28.6-6 of the General Laws in Chapter 21-28.6 entitled "The |
2 | Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act" is hereby amended to read as |
3 | follows: |
4 | 21-28.6-6. Administration of departments of health and business regulation |
5 | regulations. |
6 | (a) The department of health shall issue registry identification cards to qualifying patients |
7 | who submit the following, in accordance with the department's regulations. Applications shall |
8 | include but not be limited to: |
9 | (1) Written certification as defined in § 21-28.6-3; |
10 | (2) Application fee, as applicable; |
11 | (3) Name, address, and date of birth of the qualifying patient; provided, however, that if |
12 | the patient is homeless, no address is required; |
13 | (4) Name, address, and telephone number of the qualifying patient's practitioner; |
14 | (5) Whether the patient elects to grow medical marijuana plants for himself or herself; and |
15 | (6) Name, address, and date of birth of one primary caregiver of the qualifying patient and |
16 | any authorized purchasers for the qualifying patient, if any primary caregiver or authorized |
17 | purchaser is chosen by the patient or allowed in accordance with regulations promulgated by the |
18 | departments of health or business regulation. |
19 | (b) The department of health shall not issue a registry identification card to a qualifying |
20 | patient under the age of eighteen (18) unless: |
21 | (1) The qualifying patient's practitioner has explained the potential risks and benefits of the |
22 | medical use of marijuana to the qualifying patient and to a parent, guardian, or person having legal |
23 | custody of the qualifying patient; and |
24 | (2) A parent, guardian, or person having legal custody consents in writing to: |
25 | (i) Allow the qualifying patient's medical use of marijuana; |
26 | (ii) Serve as the qualifying patient's primary caregiver or authorized purchaser; and |
27 | (iii) Control the acquisition of the marijuana, the dosage, and the frequency of the medical |
28 | use of marijuana by the qualifying patient. |
29 | (c) The department of health shall renew registry identification cards to qualifying patients |
30 | in accordance with regulations promulgated by the department of health and subject to payment of |
31 | any applicable renewal fee. |
32 | (d) The department of health shall not issue a registry identification card to a qualifying |
33 | patient seeking treatment for post-traumatic stress disorder (PTSD) under the age of eighteen (18). |
34 | (e) The department of health shall verify the information contained in an application or |
| LC002305/SUB A/3 - Page 68 of 88 |
1 | renewal submitted pursuant to this section, and shall approve or deny an application or renewal |
2 | within thirty-five (35) days of receiving it. The department may deny an application or renewal |
3 | only if the applicant did not provide the information required pursuant to this section, or if the |
4 | department determines that the information provided was falsified, or that the renewing applicant |
5 | has violated this chapter under their previous registration. Rejection of an application or renewal is |
6 | considered a final department action, subject to judicial review. Jurisdiction and venue for judicial |
7 | review are vested in the superior court. |
8 | (f) If the qualifying patient's practitioner notifies the department of health in a written |
9 | statement that the qualifying patient is eligible for hospice care or chemotherapy, the department |
10 | of health and department of business regulation, as applicable, shall give priority to these |
11 | applications when verifying the information in accordance with subsection (e) and issue a registry |
12 | identification card to these qualifying patients, primary caregivers and authorized purchasers within |
13 | seventy-two (72) hours of receipt of the completed application. The departments shall not charge a |
14 | registration fee to the patient, caregivers or authorized purchasers named in the application. The |
15 | department of health may identify through regulation a list of other conditions qualifying a patient |
16 | for expedited application processing. |
17 | (g) Following the promulgation of regulations pursuant to § 21-28.6-5(c), the department |
18 | of business regulation may issue or renew a registry identification card to the qualifying patient |
19 | cardholder's primary caregiver, if any, who is named in the qualifying patient's approved |
20 | application. The department of business regulation shall verify the information contained in |
21 | applications and renewal forms submitted pursuant to this chapter prior to issuing any registry |
22 | identification card. The department of business regulation may deny an application or renewal if |
23 | the applicant or appointing patient did not provide the information required pursuant to this section, |
24 | or if the department determines that the information provided was falsified, or if the applicant or |
25 | appointing patient has violated this chapter under his or her previous registration or has otherwise |
26 | failed to satisfy the application or renewal requirements. |
27 | (1) A primary caregiver applicant or an authorized purchaser applicant shall apply to the |
28 | bureau of criminal identification of the department of attorney general, department of public safety |
29 | division of state police, or local police department for a national criminal records check that shall |
30 | include fingerprints submitted to the Federal Bureau of Investigation. Upon the discovery of any |
31 | disqualifying information as defined in subsection (g)(5) of this section, and in accordance with the |
32 | rules promulgated by the director, the bureau of criminal identification of the department of |
33 | attorney general, department of public safety division of state police, or the local police department |
34 | shall inform the applicant, in writing, of the nature of the disqualifying information; and, without |
| LC002305/SUB A/3 - Page 69 of 88 |
1 | disclosing the nature of the disqualifying information, shall notify the department of business |
2 | regulation or department of health, as applicable, in writing, that disqualifying information has been |
3 | discovered. |
4 | (2) In those situations in which no disqualifying information has been found, the bureau of |
5 | criminal identification of the department of attorney general, department of public safety division |
6 | of state police, or the local police shall inform the applicant and the department of business |
7 | regulation or department of health, as applicable, in writing, of this fact. |
8 | (3) The department of health or department of business regulation, as applicable, shall |
9 | maintain on file evidence that a criminal records check has been initiated on all applicants seeking |
10 | a primary caregiver registry identification card or an authorized purchaser registry identification |
11 | card and the results of the checks. The primary caregiver cardholder shall not be required to apply |
12 | for a national criminal records check for each patient he or she is connected to through the |
13 | department's registration process, provided that he or she has applied for a national criminal records |
14 | check within the previous two (2) years in accordance with this chapter. The department of health |
15 | and department of business regulation, as applicable, shall not require a primary caregiver |
16 | cardholder or an authorized purchaser cardholder to apply for a national criminal records check |
17 | more than once every two (2) years. |
18 | (4) Notwithstanding any other provision of this chapter, the department of business |
19 | regulation or department of health may revoke or refuse to issue any class or type of registry |
20 | identification card or license if it determines that failing to do so would conflict with any federal |
21 | law or guidance pertaining to regulatory, enforcement, and other systems that states, businesses, or |
22 | other institutions may implement to mitigate the potential for federal intervention or enforcement. |
23 | This provision shall not be construed to prohibit the overall implementation and administration of |
24 | this chapter on account of the federal classification of marijuana as a schedule I substance or any |
25 | other federal prohibitions or restrictions. |
26 | (5) Information produced by a national criminal records check pertaining to a conviction |
27 | for any felony offense under chapter 28 of this title ("Rhode Island controlled substances act"); |
28 | murder; manslaughter; rape; first-degree sexual assault; second-degree sexual assault; first-degree |
29 | child molestation; second-degree child molestation; kidnapping; first-degree arson; second-degree |
30 | arson; mayhem; robbery; burglary; breaking and entering; assault with a dangerous weapon; assault |
31 | or battery involving grave bodily injury; and/or assault with intent to commit any offense |
32 | punishable as a felony or a similar offense from any other jurisdiction shall result in a letter to the |
33 | applicant and the department of health or department of business regulation, as applicable, |
34 | disqualifying the applicant. If disqualifying information has been found, the department of health |
| LC002305/SUB A/3 - Page 70 of 88 |
1 | or department of business regulation, as applicable, may use its discretion to issue a primary |
2 | caregiver registry identification card or an authorized purchaser registry identification card if the |
3 | applicant's connected patient is an immediate family member and the card is restricted to that |
4 | patient only. |
5 | (6) The primary caregiver or authorized purchaser applicant shall be responsible for any |
6 | expense associated with the national criminal records check. |
7 | (7) For purposes of this section, "conviction" means, in addition to judgments of conviction |
8 | entered by a court subsequent to a finding of guilty or a plea of guilty, those instances where the |
9 | defendant has entered a plea of nolo contendere and has received a sentence of probation and those |
10 | instances where a defendant has entered into a deferred sentence agreement with the attorney |
11 | general. |
12 | (8) The office of cannabis regulation may adopt rules and regulations based on federal |
13 | guidance provided those rules and regulations are designed to comply with federal guidance and |
14 | mitigate federal enforcement against the registrations and licenses issued under this chapter. |
15 | (h)(1) On or before December 31, 2016, the department of health shall issue registry |
16 | identification cards within five (5) business days of approving an application or renewal that shall |
17 | expire two (2) years after the date of issuance. |
18 | (2) Effective January 1, 2017, and thereafter, the department of health or the department of |
19 | business regulation, as applicable, shall issue registry identification cards within five (5) business |
20 | days of approving an application or renewal that shall expire one year after the date of issuance. |
21 | (3) Registry identification cards shall contain: |
22 | (i) The date of issuance and expiration date of the registry identification card; |
23 | (ii) A random registry identification number; |
24 | (iii) A photograph; and |
25 | (iv) Any additional information as required by regulation of the department of health or |
26 | business regulation as applicable. |
27 | (i) Persons issued registry identification cards by the department of health or department |
28 | of business regulation shall be subject to the following: |
29 | (1) A qualifying patient cardholder shall notify the department of health of any change in |
30 | his or her name, address, primary caregiver, or authorized purchaser; or if he or she ceases to have |
31 | his or her debilitating medical condition, within ten (10) days of the change. |
32 | (2) A qualifying patient cardholder who fails to notify the department of health of any of |
33 | these changes is responsible for a civil infraction, punishable by a fine of no more than one hundred |
34 | fifty dollars ($150). If the patient cardholder has ceased to suffer from a debilitating medical |
| LC002305/SUB A/3 - Page 71 of 88 |
1 | condition, the card shall be deemed null and void and the person shall be liable for any other |
2 | penalties that may apply to the person's nonmedical use of marijuana. |
3 | (3) A primary caregiver cardholder or authorized purchaser shall notify the issuing |
4 | department of any change in his or her name or address within ten (10) days of the change. A |
5 | primary caregiver cardholder or authorized purchaser who fails to notify the department of any of |
6 | these changes is responsible for a civil infraction, punishable by a fine of no more than one hundred |
7 | fifty dollars ($150). |
8 | (4) When a qualifying patient cardholder or primary caregiver cardholder notifies the |
9 | department of health or department of business regulation, as applicable, of any changes listed in |
10 | this subsection, the department of health or department of business regulation, as applicable, shall |
11 | issue the qualifying patient cardholder and each primary caregiver cardholder a new registry |
12 | identification card within ten (10) days of receiving the updated information and a ten-dollar |
13 | ($10.00) fee. |
14 | (5) When a qualifying patient cardholder changes his or her primary caregiver or authorized |
15 | purchaser, the department of health or department of business regulation, as applicable, shall notify |
16 | the primary caregiver cardholder or authorized purchaser within ten (10) days. The primary |
17 | caregiver cardholder's protections as provided in this chapter as to that patient shall expire ten (10) |
18 | days after notification by the issuing department. If the primary caregiver cardholder or authorized |
19 | purchaser is connected to no other qualifying patient cardholders in the program, he or she must |
20 | return his or her registry identification card to the issuing department. |
21 | (6) If a cardholder or authorized purchaser loses his or her registry identification card, he |
22 | or she shall notify the department that issued the card and submit a ten-dollar ($10.00) fee within |
23 | ten (10) days of losing the card. Within five (5) days, the department of health or department of |
24 | business regulation shall issue a new registry identification card with a new random identification |
25 | number. |
26 | (7) Effective January 1, 2019, if a patient cardholder chooses to alter his or her registration |
27 | with regard to the growing of medical marijuana for himself or herself, he or she shall notify the |
28 | department prior to the purchase of medical marijuana tags or the growing of medical marijuana |
29 | plants. |
30 | (8) If a cardholder or authorized purchaser willfully violates any provision of this chapter |
31 | as determined by the department of health or the department of business regulation, his or her |
32 | registry identification card may be revoked. |
33 | (j) Possession of, or application for, a registry identification card shall not constitute |
34 | probable cause or reasonable suspicion, nor shall it be used to support the search of the person or |
| LC002305/SUB A/3 - Page 72 of 88 |
1 | property of the person possessing or applying for the registry identification card, or otherwise |
2 | subject the person or property of the person to inspection by any governmental agency. |
3 | (k)(1) Applications and supporting information submitted by qualifying patients, including |
4 | information regarding their primary caregivers, authorized purchaser, and practitioners, are |
5 | confidential and protected in accordance with the federal Health Insurance Portability and |
6 | Accountability Act of 1996, as amended, and shall be exempt from the provisions of chapter 2 of |
7 | title 38 et seq. (Rhode Island access to public records act) and not subject to disclosure, except to |
8 | authorized employees of the departments of health and business regulation as necessary to perform |
9 | official duties of the departments, and pursuant to subsections (l) and (m). |
10 | (2) The application for a qualifying patient's registry identification card shall include a |
11 | question asking whether the patient would like the department of health to notify him or her of any |
12 | clinical studies about marijuana's risk or efficacy. The department of health shall inform those |
13 | patients who answer in the affirmative of any such studies it is notified of, that will be conducted |
14 | in Rhode Island. The department of health may also notify those patients of medical studies |
15 | conducted outside of Rhode Island. |
16 | (3) The department of health and the department of business regulation, as applicable, shall |
17 | maintain a confidential list of the persons to whom the department of health or department of |
18 | business regulation has issued authorized patient, primary caregiver, and authorized purchaser |
19 | registry identification cards. Individual names and other identifying information on the list shall be |
20 | confidential, exempt from the provisions of Rhode Island access to public records, chapter 2 of title |
21 | 38, and not subject to disclosure, except to authorized employees of the departments of health and |
22 | business regulation as necessary to perform official duties of the departments and pursuant to |
23 | subsections (l) and (m) of this section. |
24 | (l) Notwithstanding subsections (k) and (m) of this section, the departments of health and |
25 | business regulation, as applicable, shall verify to law enforcement personnel whether a registry |
26 | identification card is valid and may provide additional information to confirm whether a cardholder |
27 | is compliant with the provisions of this chapter and the regulations promulgated hereunder. The |
28 | department of business regulation shall verify to law enforcement personnel whether a registry |
29 | identification card is valid and may confirm whether the cardholder is compliant with the provisions |
30 | of this chapter, or the cannabis control commission may verify if a sale is within the provisions of |
31 | chapter 28.11 of title 21 and the regulations promulgated hereunder. This verification may occur |
32 | through the use of a shared database, provided that any medical records or confidential information |
33 | in this database related to a cardholder's specific medical condition is protected in accordance with |
34 | subsection (k)(1). |
| LC002305/SUB A/3 - Page 73 of 88 |
1 | (m) It shall be a crime, punishable by up to one hundred eighty (180) days in jail and a one |
2 | thousand dollar ($1,000) fine, for any person, including an employee or official of the departments |
3 | of health, business regulation, public safety, or another state agency or local government, to breach |
4 | the confidentiality of information obtained pursuant to this chapter. Notwithstanding this provision, |
5 | the department of health and department of business regulation employees may notify law |
6 | enforcement about falsified or fraudulent information submitted to the department or violations of |
7 | this chapter. Nothing in this act shall be construed as to prohibit law enforcement, public safety, |
8 | fire, or building officials from investigating violations of, or enforcing state law. |
9 | (n) On or before the fifteenth day of the month following the end of each quarter of the |
10 | fiscal year, the department of health and the department of business regulation shall report to the |
11 | governor, the speaker of the house of representatives, and the president of the senate on applications |
12 | for the use of marijuana for symptom relief. The report shall provide: |
13 | (1) The number of applications for registration as a qualifying patient, primary caregiver, |
14 | or authorized purchaser that have been made to the department of health and the department of |
15 | business regulation during the preceding quarter, the number of qualifying patients, primary |
16 | caregivers, and authorized purchasers approved, the nature of the debilitating medical conditions |
17 | of the qualifying patients, the number of registrations revoked, and the number and specializations, |
18 | if any, of practitioners providing written certification for qualifying patients. |
19 | (o) On or before September 30 of each year, the department of health and the department |
20 | of business regulation, as applicable, shall report to the governor, the speaker of the house of |
21 | representatives, and the president of the senate on the use of marijuana for symptom relief. The |
22 | report shall provide: |
23 | (1) The total number of applications for registration as a qualifying patient, primary |
24 | caregiver, or authorized purchaser that have been made to the department of health and the |
25 | department of business regulation, the number of qualifying patients, primary caregivers, and |
26 | authorized purchasers approved, the nature of the debilitating medical conditions of the qualifying |
27 | patients, the number of registrations revoked, and the number and specializations, if any, of |
28 | practitioners providing written certification for qualifying patients; |
29 | (2) The number of active qualifying patient, primary caregiver, and authorized purchaser |
30 | registrations as of June 30 of the preceding fiscal year; |
31 | (3) An evaluation of the costs permitting the use of marijuana for symptom relief, including |
32 | any costs to law enforcement agencies and costs of any litigation; |
33 | (4) Statistics regarding the number of marijuana-related prosecutions against registered |
34 | patients and caregivers, and an analysis of the facts underlying those prosecutions; |
| LC002305/SUB A/3 - Page 74 of 88 |
1 | (5) Statistics regarding the number of prosecutions against physicians for violations of this |
2 | chapter; and |
3 | (6) Whether the United States Food and Drug Administration has altered its position |
4 | regarding the use of marijuana for medical purposes or has approved alternative delivery systems |
5 | for marijuana. |
6 | (p) After June 30, 2018, the department of business regulation shall report to the speaker |
7 | of the house, senate president, the respective fiscal committee chairpersons, and fiscal advisors |
8 | within 60 days of the close of the prior fiscal year. The report shall provide: |
9 | (1) The number of applications for registry identification cards to compassion center staff, |
10 | the number approved, denied and the number of registry identification cards revoked, and the |
11 | number of replacement cards issued; |
12 | (2) The number of applications for compassion centers and licensed cultivators; |
13 | (3) The number of marijuana plant tag sets ordered, delivered, and currently held within |
14 | the state; |
15 | (4) The total revenue collections of any monies related to its regulator activities for the |
16 | prior fiscal year, by the relevant category of collection, including enumerating specifically the total |
17 | amount of revenues foregone or fees paid at reduced rates pursuant to this chapter. |
18 | SECTION 7. Chapter 12-1.3 of the General Laws entitled "Expungement of Criminal |
19 | Records" is hereby amended by adding thereto the following sections: |
20 | 12-1.3-5. Expedited expungement of marijuana records. |
21 | (a) Notwithstanding any law to the contrary, any person who has been convicted of |
22 | possession of two ounces (2 oz.) or less of marijuana may file a petition for an expedited |
23 | expungement of the marijuana conviction record with the court in which the conviction took place. |
24 | (b) Notwithstanding any law to the contrary, any person who has been adjudicated as a |
25 | civil violator for the possession of one ounce (1 oz.) or less of marijuana may file a petition for an |
26 | expedited expungement of the marijuana civil violation record with the court in which the violation |
27 | was adjudicated. |
28 | (c) The court in which the conviction or civil adjudication took place shall have jurisdiction |
29 | to order expungement of records subject to the provisions of this section in accordance with the |
30 | provisions of this section. |
31 | (d) The superior court, district court, and traffic tribunal shall prepare and provide without |
32 | charge, a petition form, which upon completion by the petitioner, reasonably identifies the |
33 | individual petitioner, the petitioner's current address, and the conviction or civil adjudication |
34 | record(s) subject to the petition. |
| LC002305/SUB A/3 - Page 75 of 88 |
1 | (e) No filing, service or other fee shall be charged to the petitioner for the filing of the |
2 | petition. The petitioner shall not be required to give notice to the department of attorney general or |
3 | the police department that originally brought the charge or civil violation. |
4 | (f) Within ninety (90) days of the receipt and filing of the completed petition, the court |
5 | shall review the records of all convictions for possession of two ounces (2 oz.) of marijuana or less |
6 | and all civil adjudications for possession of one ounce (1 oz.) of marijuana or less and order records |
7 | subject to the provisions of this section to be expunged. No hearing shall be required for the court |
8 | to order the record expunged. |
9 | (g) If the court grants the petition, it shall order all records and records of conviction or |
10 | civil adjudication relating to the conviction or civil adjudication expunged and all index and other |
11 | references to it removed from public inspection. The court shall send a copy of the order to the |
12 | department of the attorney general, the police department that originally brought the charge against |
13 | the person, and any other agency known by the petitioner to have possession of the records of |
14 | conviction or adjudication, within ten (10) days of the court's decision. |
15 | (h) The court shall send notice of the court's decision to the petitioner at the address |
16 | provided on the petition. If the court denies the petition, the petitioner is entitled to a hearing within |
17 | ten (10) days of receipt of notice of the denial. |
18 | (i) Eligible expungement of convictions and civil adjudications pursuant to this section |
19 | shall be granted notwithstanding the existence of: |
20 | (1) Prior arrests, convictions, or civil adjudications including convictions for crimes of |
21 | violence as defined by § 12-1.3-1; |
22 | (2) Pending criminal proceedings; and |
23 | (3) Outstanding court-imposed or court-related fees, fines, costs, assessments or charges. |
24 | Any outstanding fees, fines, costs, assessments or charges related to the eligible conviction or civil |
25 | adjudication shall be waived. |
26 | (j) The existence of convictions in other counts within the same case that are not eligible |
27 | for expungement pursuant to this section or other applicable laws shall not prevent any conviction |
28 | otherwise eligible for expungement under this section from being expunged pursuant to this section. |
29 | In such circumstances, the court shall make clear in its order what counts are expunged and what |
30 | counts are not expunged and/or remain convictions. In such circumstances, notwithstanding |
31 | subsection (g) of this section, any expungement pursuant to this subsection shall not affect the |
32 | records related to any count or conviction in the same case that are not eligible for expungement. |
33 | (k) Nothing in this section shall be construed to require the court or any other private or |
34 | public agency to reimburse any petitioner for fines, fees, and costs previously incurred, paid or |
| LC002305/SUB A/3 - Page 76 of 88 |
1 | collected in association with the eligible conviction or civil adjudication. |
2 | (l) Any conviction or civil adjudication ordered expunged pursuant to this section shall not |
3 | be considered as a prior conviction or civil adjudication when determining the sentence to be |
4 | imposed for any subsequent crime or civil violation. |
5 | (m) In any application for employment, license, or other civil right or privilege, or any |
6 | appearance as a witness, a person whose conviction of a crime or civil adjudication has been |
7 | expunged pursuant to this chapter may state that he or she has never been convicted of the crime |
8 | or found to be a civil violator; provided, that if the person is an applicant for a law enforcement |
9 | agency position, for admission to the bar of any court, an applicant for a teaching certificate, under |
10 | chapter 11 of title 16, a coaching certificate under § 16-11.1-1, or the operator or employee of an |
11 | early childhood education facility pursuant to chapter 48.1 of title 16, the person shall disclose the |
12 | fact of a conviction or civil adjudication. |
13 | (n) Whenever the records of any conviction or civil adjudication of an individual have been |
14 | expunged under the provisions of this section, any custodian of the records of conviction or civil |
15 | adjudication relating to that crime or violation shall not disclose the existence of the records upon |
16 | inquiry from any source unless the inquiry is that of the individual whose record was expunged, |
17 | that of a bar admission, character and fitness, or disciplinary committee, board, or agency, or court |
18 | which is considering a bar admission, character and fitness, or disciplinary matter, or that of the |
19 | commissioner of elementary and secondary education, or that of any law enforcement agency when |
20 | the nature and character of the offense in which an individual is to be charged would be affected |
21 | by virtue of the person having been previously convicted or adjudicated of the same offense. The |
22 | custodian of any records which have been expunged pursuant to the provisions of this section shall |
23 | only release or allow access to those records for the purposes specified in this subsection or by |
24 | order of a court. Any agency and/or person who willfully refuses to carry out the expungement of |
25 | the records of conviction and civil adjudication pursuant to this section or willfully releases or |
26 | willfully allows access to records of conviction or civil adjudication, knowing them to have been |
27 | expunged, shall be civilly liable. |
28 | 12-1.3-5.1. Expedited sealing of marijuana records. |
29 | (a) Notwithstanding any law to the contrary, any person who has been acquitted or |
30 | otherwise exonerated of possession of two ounces (2 oz.) or less of marijuana, including, but not |
31 | limited to, dismissal or filing of a no true bill or no information, may file a petition for an expedited |
32 | sealing of the marijuana court record with the court in which the case took place. |
33 | (b) The court in which the case took place shall have jurisdiction to order the sealing of |
34 | records subject to the provisions of this section in accordance with the provisions of this section. |
| LC002305/SUB A/3 - Page 77 of 88 |
1 | (c) The superior court and district court shall prepare and provide without charge, a petition |
2 | form, which upon completion by the petitioner, reasonably identifies the individual petitioner, the |
3 | petitioner's current address, and the record(s) subject to the petition. |
4 | (d) No filing, service or other fee shall be charged to the petitioner for the filing of the |
5 | petition. The petitioner shall not be required to give notice to the department of attorney general or |
6 | the police department that made the arrest and/or originally brought the charge. |
7 | (e) Within ninety (90) days of the receipt and filing of the completed petition, the court |
8 | shall review the records for possession of two ounces (2 oz.) of marijuana or less and order records |
9 | subject to the provisions of this section to be sealed. No hearing shall be required for the court to |
10 | order the records sealed. |
11 | (f) The clerk of the court shall, within forty-five (45) days of the order granting the petition |
12 | to seal, place under seal the court records in the case in which the acquittal, dismissal, no true bill, |
13 | no information or other exoneration has been entered. The court shall send a copy of the order to |
14 | the department of the attorney general, the police department that originally brought the charge |
15 | against the person, and any other agency known by the petitioner to have possession of the records, |
16 | within ten (10) days of the court's decision. |
17 | (g) The court shall send notice of the court's decision to the petitioner at the address |
18 | provided on the petition. If the court denies the petition, the petitioner is entitled to a hearing within |
19 | ten (10) days of receipt of notice of the denial. |
20 | (h) Eligible sealing of records pursuant to this section shall be granted notwithstanding the |
21 | existence of: |
22 | (1) Prior arrests or convictions, including convictions for crimes of violence as defined by |
23 | § 12-1.3-1; |
24 | (2) Pending criminal proceedings; and |
25 | (3) Outstanding court-imposed or court-related fees, fines, costs, assessments or charges. |
26 | Should there be any outstanding fees, fines, costs, assessments or charges related to the eligible |
27 | record being sealed, said fees, fines, costs, assessments or charges shall be waived. |
28 | (i) Nothing in this section shall be construed to require the court or any other private or |
29 | public agency to reimburse any petitioner for fines, fees, and costs previously incurred, paid or |
30 | collected in association with the eligible sealing. |
31 | SECTION 8. Section 28-7-3 of the General Laws in Chapter 28-7 entitled "Labor Relations |
32 | Act" is hereby amended to read as follows: |
33 | 28-7-3. Definitions. |
34 | When used in this chapter: |
| LC002305/SUB A/3 - Page 78 of 88 |
1 | (1) "Board" means the labor relations board created by § 28-7-4. |
2 | (2) "Company union" means any committee employee representation plan or association |
3 | of employees which exists for the purpose, in whole or in part, of dealing with employers |
4 | concerning grievances or terms and conditions of employment, which the employer has initiated or |
5 | created or whose initiation or creation he or she has suggested, participated in or in the formulation |
6 | of whose governing rules or policies or the conducting of whose management, operations, or |
7 | elections the employer participates in or supervises, or which the employer maintains, finances, |
8 | controls, dominates, or assists in maintaining or financing, whether by compensating any one for |
9 | services performed in its behalf or by donating free services, equipment, materials, office or |
10 | meeting space or any thing else of value, or by any other means. |
11 | (3)(i) "Employees" includes, but is not restricted to, any individual employed by a labor |
12 | organization; any individual whose employment has ceased as a consequence of, or in connection |
13 | with, any current labor dispute or because of any unfair labor practice, and who has not obtained |
14 | any other regular and substantially equivalent employment; and shall not be limited to the |
15 | employees of a particular employer, unless the chapter explicitly states otherwise; |
16 | (ii) "Employees" does not include any individual employed by his or her parent or spouse |
17 | or in the domestic service of any person in his or her home, or any individuals employed only for |
18 | the duration of a labor dispute, or any individuals employed as farm laborers, provided that any |
19 | individual employed by an employer in an industry established or regulated pursuant to chapters |
20 | 28.6 or 28.11 of title 21 shall be an employee within the meaning of this act and shall not be |
21 | considered a farm laborer. |
22 | (4) "Employer" includes any person acting on behalf of or in the interest of an employer, |
23 | directly or indirectly, with or without his or her knowledge, but a labor organization or any officer |
24 | or its agent shall only be considered an employer with respect to individuals employed by the |
25 | organization. |
26 | (5) "Labor dispute" includes, but is not restricted to, any controversy between employers |
27 | and employees or their representatives as defined in this section concerning terms, tenure, or |
28 | conditions of employment or concerning the association or representation of persons in negotiating, |
29 | fixing, maintaining, changing, or seeking to negotiate, fix, maintain, or change terms or conditions |
30 | of employment, or concerning the violation of any of the rights granted or affirmed by this chapter, |
31 | regardless of whether the disputants stand in the proximate relation of employer and employee. |
32 | (6) "Labor organization" means any organization which exists and is constituted for the |
33 | purpose, in whole or in part, of collective bargaining, or of dealing with employers concerning |
34 | grievances, terms or conditions of employment, or of other mutual aid or protection and which is |
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1 | not a company union as defined in this section. |
2 | (7) "Person" includes one or more individuals, partnerships, associations, corporations, |
3 | legal representatives, trustees, trustees in bankruptcy, or receivers. |
4 | (8) "Policies of this chapter" means the policies set forth in § 28-7-2. |
5 | (9) "Representatives" includes a labor organization or an individual whether or not |
6 | employed by the employer of those whom he or she represents. |
7 | (10) "Unfair labor practice" means only those unfair labor practices listed in §§ 28-7-13 |
8 | and 28-7-13.1. |
9 | SECTION 9. Section 21-28-4.1 of the General Laws in Chapter 21-28 entitled "Uniform |
10 | Controlled Substances Act" is hereby amended to read as follows: |
11 | 21-28-4.01. Prohibited acts A -- Penalties. |
12 | (a)(1) Except as authorized by this chapter and chapter 28.11 of title 21, it shall be unlawful |
13 | for any person to manufacture, deliver, or possess with intent to manufacture or deliver a controlled |
14 | substance. |
15 | (2) Any person who is not a drug-addicted person, as defined in § 21-28-1.02(20), who |
16 | violates this subsection with respect to a controlled substance classified in schedule I or II, except |
17 | the substance classified as marijuana, is guilty of a crime and, upon conviction, may be imprisoned |
18 | to a term up to life or fined not more than five hundred thousand dollars ($500,000) nor less than |
19 | ten thousand dollars ($10,000), or both. |
20 | (3) Where the deliverance as prohibited in this subsection shall be the proximate cause of |
21 | death to the person to whom the controlled substance is delivered, it shall not be a defense that the |
22 | person delivering the substance was, at the time of delivery, a drug-addicted person as defined in § |
23 | 21-28-1.02(20). |
24 | (4) Any person, except as provided for in subdivision (2) of this subsection, who violates |
25 | this subsection with respect to: |
26 | (i) A controlled substance, classified in schedule I or II, is guilty of a crime and, upon |
27 | conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one |
28 | hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both; |
29 | (ii) A controlled substance, classified in schedule III or IV, is guilty of a crime and, upon |
30 | conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty |
31 | thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in |
32 | schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not |
33 | more than twenty thousand dollars ($20,000), or both. |
34 | (iii) A controlled substance, classified in schedule V, is guilty of a crime and, upon |
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1 | conviction, may be imprisoned for not more than one year, or fined not more than ten thousand |
2 | dollars ($10,000), or both. |
3 | (b)(1) Except as authorized by this chapter, it is unlawful for any person to create, deliver, |
4 | or possess with intent to deliver, a counterfeit substance. |
5 | (2) Any person who violates this subsection with respect to: |
6 | (i) A counterfeit substance, classified in schedule I or II, is guilty of a crime and, upon |
7 | conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one |
8 | hundred thousand dollars ($100,000), or both; |
9 | (ii) A counterfeit substance, classified in schedule III or IV, is guilty of a crime and, upon |
10 | conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty |
11 | thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in |
12 | schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not |
13 | more than twenty thousand dollars ($20,000), or both. |
14 | (iii) A counterfeit substance, classified in schedule V, is guilty of a crime and, upon |
15 | conviction, may be imprisoned for not more than one year, or fined not more than ten thousand |
16 | dollars ($10,000), or both. |
17 | (c)(1) It shall be unlawful for any person knowingly or intentionally to possess a controlled |
18 | substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or |
19 | order of a practitioner while acting in the course of his or her professional practice, or except as |
20 | otherwise authorized by this chapter or chapters 28.6 or 28.11 of this title. |
21 | (2) Any person who violates this subsection with respect to: |
22 | (i) A controlled substance classified in schedules I, II and III, IV, and V, except the |
23 | substance classified as marijuana, is guilty of a crime and, upon conviction, may be imprisoned for |
24 | not more than three (3) years, or fined not less than five hundred dollars ($500) nor more than five |
25 | thousand dollars ($5,000), or both; |
26 | (ii) More than one ounce (1 oz.) two ounces (2 oz.) of a controlled substance classified in |
27 | schedule I as marijuana, unless possessed inside one's own primary residence, is guilty of a |
28 | misdemeanor, except for those persons subject to (a)(1), and, upon conviction, may be imprisoned |
29 | for not more than one year, or fined not less than two hundred dollars ($200) nor more than five |
30 | hundred dollars ($500), or both. |
31 | (iii) Notwithstanding any public, special, or general law to the contrary, the possession of |
32 | one ounce (1 oz.) or less of marijuana by a person who is eighteen (18) years of age or older, and |
33 | who is not exempted from penalties pursuant to chapter 28.6 of this title, shall constitute a civil |
34 | offense, rendering the offender liable to a civil penalty in the amount of one hundred fifty dollars |
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1 | ($150) and forfeiture of the marijuana, but not to any other form of criminal or civil punishment or |
2 | disqualification. Notwithstanding any public, special, or general law to the contrary, this civil |
3 | penalty of one hundred fifty dollars ($150) and forfeiture of the marijuana shall apply if the offense |
4 | is the first (1st) or second (2nd) violation within the previous eighteen (18) months. More than |
5 | twenty ounces (20 oz.) of a controlled substance classified in schedule I as marijuana when |
6 | possessed within one's personal residence is guilty of a misdemeanor, except for those persons |
7 | subject to (a)(1), and, upon conviction, may be imprisoned for not more than one year, or fined not |
8 | less than two hundred dollars ($200) nor more than five hundred dollars ($500), or both. |
9 | (iv) Notwithstanding any public, special, or general law to the contrary, possession of one |
10 | ounce (1 oz.) or less of marijuana by a person who is seventeen (17) years of age or older and under |
11 | the age of eighteen (18) years, and who is not exempted from penalties pursuant to chapter 28.6 of |
12 | this title, shall constitute a civil offense, rendering the offender liable to a civil penalty in the amount |
13 | of one hundred fifty dollars ($150) and forfeiture of the marijuana; provided the minor offender |
14 | completes an approved, drug-awareness program and community service as determined by the |
15 | court. If the person seventeen (17) years of age or older and under the age of eighteen (18) years |
16 | fails to complete an approved, drug-awareness program and community service within one year of |
17 | the disposition, the penalty shall be a three hundred dollar ($300) civil fine and forfeiture of the |
18 | marijuana, except that if no drug-awareness program or community service is available, the penalty |
19 | shall be a fine of one hundred fifty dollars ($150) and forfeiture of the marijuana. The parents or |
20 | legal guardian of any offender seventeen (17) years of age or older and under the age of eighteen |
21 | (18) shall be notified of the offense and the availability of a drug-awareness and community-service |
22 | program. The drug-awareness program must be approved by the court, but shall, at a minimum, |
23 | provide four (4) hours of instruction or group discussion and ten (10) hours of community service. |
24 | Notwithstanding any other public, special, or general law to the contrary, this civil penalty shall |
25 | apply if the offense is the first or second violation within the previous eighteen (18) months. |
26 | (v) Notwithstanding any public, special, or general law to the contrary, a person not |
27 | exempted from penalties pursuant to chapter 28.6 of this title found in possession of one ounce (1 |
28 | oz.) or less of marijuana is guilty of a misdemeanor and, upon conviction, may be imprisoned for |
29 | not more than thirty (30) days, or fined not less than two hundred dollars ($200) nor more than five |
30 | hundred dollars ($500), or both, if that person has been previously adjudicated on a violation for |
31 | possession of less than one ounce (1 oz.) of marijuana under (c)(2)(iii) or (c)(2)(iv) two (2) times |
32 | in the eighteen (18) months prior to the third (3rd) offense. |
33 | (vi) Any unpaid civil fine issued under (c)(2)(iii) or (c)(2)(iv) shall double to three hundred |
34 | dollars ($300) if not paid within thirty (30) days of the disposition. The civil fine shall double again |
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1 | to six hundred dollars ($600) if it has not been paid within ninety (90) days. |
2 | (vii) No person may be arrested for a violation of (c)(2)(iii) or (c)(2)(iv) of this subsection |
3 | except as provided in this subparagraph. Any person in possession of an identification card, license, |
4 | or other form of identification issued by the state or any state, city, or town, or any college or |
5 | university, who fails to produce the same upon request of a police officer who informs the person |
6 | that he or she has been found in possession of what appears to the officer to be one ounce (1 oz.) |
7 | or less of marijuana, or any person without any such forms of identification who fails or refuses to |
8 | truthfully provide his or her name, address, and date of birth to a police officer who has informed |
9 | such person that the officer intends to provide such individual with a citation for possession of one |
10 | ounce (1 oz.) or less of marijuana, may be arrested. |
11 | (viii) No violation of (c)(2)(iii) or (c)(2)(iv) of this subsection shall be considered a |
12 | violation of parole or probation. |
13 | (ix) Any records collected by any state agency, tribunal, or the family court that include |
14 | personally identifiable information about violations of (c)(2)(iii) or (c)(2)(iv) shall not be open to |
15 | public inspection in accordance with § 8-8.2-21. |
16 | (3) Jurisdiction. Any and all violations of (c)(2)(iii) and (c)(2)(iv) shall be the exclusive |
17 | jurisdiction of the Rhode Island traffic tribunal. All money associated with the civil fine issued |
18 | under (c)(2)(iii) or (c)(2)(iv) shall be payable to the Rhode Island traffic tribunal. Fifty percent |
19 | (50%) of all fines collected by the Rhode Island traffic tribunal from civil penalties issued pursuant |
20 | to (c)(2)(iii) or (c)(2)(iv) shall be expended on drug-awareness and treatment programs for youth. |
21 | (4) Additionally, every person convicted or who pleads nolo contendere under (c)(2)(i) or |
22 | convicted or who pleads nolo contendere a second or subsequent time under (c)(2)(ii) or (c)(2)(iii), |
23 | who is not sentenced to a term of imprisonment to serve for the offense, shall be required to: |
24 | (i) Perform up to one hundred (100) hours of community service; |
25 | (ii) Attend and complete a drug-counseling and education program, as prescribed, by the |
26 | director of the department of behavioral healthcare, developmental disabilities and hospitals |
27 | (BHDDH) similar to that in § 21-28.11-27.2, and pay the sum of four hundred dollars ($400) to |
28 | help defray the costs of this program which shall be deposited as general revenues. Failure to attend |
29 | may result, after hearing by the court, in jail sentence up to one year; |
30 | (iii) The court shall not suspend any part or all of the imposition of the fee required by this |
31 | subsection, unless the court finds an inability to pay; |
32 | (iv) If the offense involves the use of any automobile to transport the substance or the |
33 | substance is found within an automobile, then a person convicted or who pleads nolo contendere |
34 | under (c)(2)(i) and (c)(2)(ii) shall be subject to a loss of license for a period of six (6) months for a |
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1 | first offense and one year for each offense after. |
2 | (5) All fees assessed and collected pursuant to (c)(3)(ii) shall be deposited as general |
3 | revenues and shall be collected from the person convicted or who pleads nolo contendere before |
4 | any other fines authorized by this chapter. |
5 | (d) It shall be unlawful for any person to manufacture, distribute, or possess with intent to |
6 | manufacture or distribute, an imitation controlled substance. Any person who violates this |
7 | subsection is guilty of a crime and, upon conviction, shall be subject to the same term of |
8 | imprisonment and/or fine as provided by this chapter for the manufacture or distribution of the |
9 | controlled substance that the particular imitation controlled substance forming the basis of the |
10 | prosecution was designed to resemble and/or represented to be; but in no case shall the |
11 | imprisonment be for more than five (5) years nor the fine for more than twenty thousand dollars |
12 | ($20,000). |
13 | (e) It shall be unlawful for a practitioner to prescribe, order, distribute, supply, or sell an |
14 | anabolic steroid or human growth hormone for: (1) Enhancing performance in an exercise, sport, |
15 | or game, or (2) Hormonal manipulation intended to increase muscle mass, strength, or weight |
16 | without a medical necessity. Any person who violates this subsection is guilty of a misdemeanor |
17 | and, upon conviction, may be imprisoned for not more than six (6) months or a fine of not more |
18 | than one thousand dollars ($1,000), or both. |
19 | (f) It is unlawful for any person to knowingly or intentionally possess, manufacture, |
20 | distribute, or possess with intent to manufacture or distribute, any extract, compound, salt |
21 | derivative, or mixture of salvia divinorum or datura stramonium or its extracts unless the person is |
22 | exempt pursuant to the provisions of § 21-28-3.30. Notwithstanding any laws to the contrary, any |
23 | person who violates this section is guilty of a misdemeanor and, upon conviction, may be |
24 | imprisoned for not more than one year, or fined not more than one thousand dollars ($1,000), or |
25 | both. The provisions of this section shall not apply to licensed physicians, pharmacists, and |
26 | accredited hospitals and teaching facilities engaged in the research or study of salvia divinorum or |
27 | datura stramonium and shall not apply to any person participating in clinical trials involving the |
28 | use of salvia divinorum or datura stramonium. |
29 | SECTION 10. Section 21-28-4.07 of the General Laws in Chapter 21-28 entitled "Uniform |
30 | Controlled Substances Act" is hereby amended to read as follows: |
31 | 21-28-4.07. Distribution to persons under age 18. |
32 | (a) Any person eighteen (18) years of age or over who violates § 21-28-4.01(a) by |
33 | distributing a controlled substance, excluding marijuana, listed in schedules I and II to a person |
34 | under eighteen (18) years of age who is at least three (3) years his or her junior shall be imprisoned |
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1 | to a term of not less than fifteen (15) years and may be imprisoned for life, or fined not more than |
2 | five hundred thousand dollars ($500,000), or both. In all such cases, the justice imposing sentence |
3 | shall impose a minimum sentence of fifteen (15) years' imprisonment and may only impose a |
4 | sentence less than that minimum if he or she finds that substantial and compelling circumstances |
5 | exist which justify imposition of the alternative sentence. The finding may be based upon the |
6 | character and background of the defendant, the cooperation of the defendant with law enforcement |
7 | authorities, the nature and circumstances of the offense, and/or the nature and quality of the |
8 | evidence presented at trial. If a sentence which is less than imprisonment for a term of fifteen (15) |
9 | years is imposed, the trial justice shall set forth on the record the circumstances, which he or she |
10 | found as justification for imposition of the lesser sentence. |
11 | (b) Any person eighteen (18) years of age or over who violates § 21-28-4.01(a) by |
12 | distributing a controlled substance listed in schedules III and IV to a person under eighteen (18) |
13 | years of age who is at least three (3) years his or her junior shall be imprisoned to a term of not less |
14 | than five (5) years nor more than twenty (20) years, or fined not more than forty thousand dollars |
15 | ($40,000), or both. |
16 | (c) Any person eighteen (18) years of age or over who violates § 21-28-4.01(a) by |
17 | distributing any controlled substance listed in schedule V or marijuana to a person under eighteen |
18 | (18) years of age who is at least three (3) years his or her junior shall be imprisoned to a term of |
19 | not less than two (2) years nor more than five (5) years, or fined not more than ten thousand dollars |
20 | ($10,000), or both. |
21 | (d) Any person eighteen (18) years of age or over who violates § 21-28-4.01(d) by |
22 | distributing an imitation controlled substance to a person under eighteen (18) years of age who is |
23 | at least three (3) years his or her junior shall be punished by imposition of a fine authorized by § |
24 | 21-28-4.01(d), and by a term of imprisonment up to twice that authorized by § 21-28-4.01(d), or |
25 | both. |
26 | SECTION 11. Section 14-1-3 of the General Laws in Chapter 14-1 entitled "Proceedings |
27 | in Family Court" is hereby amended to read as follows: |
28 | 14-1-3. Definitions. |
29 | The following words and phrases when used in this chapter shall, unless the context |
30 | otherwise requires, be construed as follows: |
31 | (1) "Adult" means a person eighteen (18) years of age or older. |
32 | (2) "Appropriate person," as used in §§ 14-1-10 and 14-1-11, except in matters relating to |
33 | adoptions and child marriages, means and includes: |
34 | (i) Any police official of this state, or of any city or town within this state; |
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1 | (ii) Any duly qualified prosecuting officer of this state, or of any city or town within this |
2 | state; |
3 | (iii) Any director of public welfare of any city or town within this state, or his or her duly |
4 | authorized subordinate; |
5 | (iv) Any truant officer or other school official of any city or town within this state; |
6 | (v) Any duly authorized representative of any public or duly licensed private agency or |
7 | institution established for purposes similar to those specified in § 8-10-2 or 14-1-2; or |
8 | (vi) Any maternal or paternal grandparent, who alleges that the surviving parent, in those |
9 | cases in which one parent is deceased, is an unfit and improper person to have custody of any child |
10 | or children. |
11 | (3) "Child" means a person under eighteen (18) years of age. |
12 | (4) "The court" means the family court of the state of Rhode Island. |
13 | (5) "Delinquent," when applied to a child, means and includes any child who has committed |
14 | any offense that, if committed by an adult, would constitute a felony, or who has on more than one |
15 | occasion violated any of the other laws of the state or of the United States or any of the ordinances |
16 | of cities and towns, other than ordinances relating to the operation of motor vehicles. |
17 | (6) "Dependent" means any child who requires the protection and assistance of the court |
18 | when his or her physical or mental health or welfare is harmed, or threatened with harm, due to the |
19 | inability of the parent or guardian, through no fault of the parent or guardian, to provide the child |
20 | with a minimum degree of care or proper supervision because of: |
21 | (i) The death or illness of a parent; or |
22 | (ii) The special medical, educational, or social-service needs of the child which the parent |
23 | is unable to provide. |
24 | (7) "Justice" means a justice of the family court. |
25 | (8) "Neglect" means a child who requires the protection and assistance of the court when |
26 | his or her physical or mental health or welfare is harmed, or threatened with harm, when the parents |
27 | or guardian: |
28 | (i) Fails to supply the child with adequate food, clothing, shelter, or medical care, though |
29 | financially able to do so or offered financial or other reasonable means to do so; |
30 | (ii) Fails to provide the child proper education as required by law; or |
31 | (iii) Abandons and/or deserts the child. |
32 | (9) "Supervised independent living setting" means a supervised setting in which a young |
33 | adult is living independently, that meets any safety and/or licensing requirements established by |
34 | the department for this population, and is paired with a supervising agency or a supervising worker, |
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1 | including, but not limited to, single or shared apartments or houses, host homes, relatives' and |
2 | mentors' homes, college dormitories or other postsecondary educational or vocational housing. All |
3 | or part of the financial assistance that secures an independent supervised setting for a young adult |
4 | may be paid directly to the young adult if there is no provider or other child-placing intermediary, |
5 | or to a landlord, a college, or to a supervising agency, or to other third parties on behalf of the |
6 | young adult in the discretion of the department. |
7 | (10) "Voluntary placement agreement for extension of care" means a written agreement |
8 | between the state agency and a young adult who meets the eligibility conditions specified in § 14- |
9 | 1-6(c), acting as their own legal guardian that is binding on the parties to the agreement. At a |
10 | minimum, the agreement recognizes the voluntary nature of the agreement, the legal status of the |
11 | young adult and the rights and obligations of the young adult, as well as the services and supports |
12 | the agency agrees to provide during the time that the young adult consents to giving the department |
13 | legal responsibility for care and placement. |
14 | (11) "Wayward," when applied to a child, means and includes any child: |
15 | (i) Who has deserted his or her home without good or sufficient cause; |
16 | (ii) Who habitually associates with dissolute, vicious, or immoral persons; |
17 | (iii) Who is leading an immoral or vicious life; |
18 | (iv) Who is habitually disobedient to the reasonable and lawful commands of his or her |
19 | parent or parents, guardian, or other lawful custodian; |
20 | (v) Who, being required by chapter 19 of title 16 to attend school, willfully and habitually |
21 | absents himself or herself from school or habitually violates the rules and regulations of the school |
22 | when he or she attends; |
23 | (vi) Who has, on any occasion, violated any of the laws of the state or of the United States |
24 | or any of the ordinances of cities and towns, other than ordinances relating to the operation of motor |
25 | vehicles; or |
26 | (vii) Any child under seventeen (17) eighteen (18) years of age who is in possession of one |
27 | ounce (1 oz.) or less of marijuana, as defined in § 21-28-1.02 violates § 21-28-11.27, and who is |
28 | not exempted from the penalties pursuant to chapter 28.6 of title 21. |
29 | (12) "Young adult" means an individual who has attained the age of eighteen (18) years |
30 | but has not reached the age of twenty-one (21) years and was in the legal custody of the department |
31 | on their eighteenth birthday pursuant to an abuse, neglect or dependency petition; or was a former |
32 | foster child who was adopted or placed in a guardianship after attaining age sixteen (16). |
33 | (13) The singular shall be construed to include the plural, the plural the singular, and the |
34 | masculine the feminine, when consistent with the intent of this chapter. |
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1 | (14) For the purposes of this chapter, "electronic surveillance and monitoring devices" |
2 | means any "radio frequency identification device (RFID)" or "global positioning device" that is |
3 | either tethered to a person or is intended to be kept with a person and is used for the purposes of |
4 | tracking the whereabouts of that person within the community. |
5 | SECTION 12. Section 14-5-8 of the General Laws in Chapter 14-5 entitled "Treatment of |
6 | Juveniles for Chemical Dependency" is hereby repealed. |
7 | 14-5-8. Possession of one ounce (1 oz.) or less of marijuana. |
8 | Notwithstanding any public, special, or general law to the contrary, possession of one |
9 | ounce (1 oz.) or less of marijuana, as defined in § 21-28-1.02, by a child under seventeen (17) years |
10 | of age and who is not exempted from penalties pursuant to chapter 28.6 of title 21, shall constitute |
11 | a status offense pursuant to § 14-1-3(11)(vii) and forfeiture of the marijuana. The family court may |
12 | order a substance-abuse assessment and, if recommended, substance-abuse treatment. The parents |
13 | or legal guardian of any child under seventeen (17) years of age shall be notified of the offense. |
14 | SECTION 13. 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 -- CANNABIS AUTHORIZATION, REGULATION | |
AND TAXATION | |
*** | |
1 | This act would establish the cannabis control commission. The commission would license |
2 | the cultivation and sale of cannabis for adult use. In addition to sales tax, a municipal three percent |
3 | (3%) local excise tax and a ten percent (10%) state excise tax would be added to the sales price. |
4 | The act would further provide for the creation of a social equity assistance fund and program to be |
5 | funded by licensing and renewal fees, as appropriated. The act would also provide for an expedited |
6 | expungement procedure for prior marijuana arrests and convictions involving one ounce or less of |
7 | marijuana. |
8 | This act would take effect upon passage. |
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LC002305/SUB A/3 | |
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