Chapter 242
2012 -- S 3059
Enacted 06/14/12
A N A C T
RELATING
TO FOOD AND DRUGS - THE EDWARD O. HAWKINS AND THOMAS C.
SLATER MEDICAL
MARIJUANA ACT
Introduced By: Senator Rhoda E. Perry
Date Introduced: June 08, 2012
It is enacted by the General
Assembly as follows:
SECTION 1. 21-28.6-12 of the General Laws in Chapter 21-28.6
entitled "The Edward
O. Hawkins and Thomas C.
Slater Medical Marijuana Act" is hereby amended to read as follows:
21-28.6-12.
Compassion centers. -- (a) A compassion center
registered under this
section may acquire, possess, cultivate, manufacture,
deliver, transfer, transport, supply, or
dispense marijuana, or related supplies and educational
materials, to registered qualifying patients
and their registered primary caregivers who have
designated it as one of their primary caregivers.
A compassion center is a primary caregiver. Except as
specifically provided to the contrary, all
provisions of the Edward O. Hawkins and Thomas C. Slater Medical
Marijuana Act, sections 21-
28.6-1 -- 21-28.6-11, apply to a compassion center
unless they conflict with a provision contained
in section 21-28.6-12.
(b) Registration of
compassion centers--department authority:
(1) Not later than
ninety (90) days after the effective date of this chapter, the department
shall promulgate regulations governing the manner in which
it shall consider applications for
registration certificates for compassion centers, including
regulations governing:
(i)
The form and content of registration and renewal applications;
(ii) Minimum oversight
requirements for compassion centers;
(iii) Minimum
record-keeping requirements for compassion centers;
(iv)
Minimum security requirements for compassion centers; and
(v) Procedures for
suspending, revoking or terminating the registration of compassion
centers that violate the provisions of this section or the
regulations promulgated pursuant to this
subsection.
(2) Within ninety (90)
days of the effective date of this chapter, the department shall
begin accepting applications for the operation of a single
compassion center.
(3) Within one hundred
fifty (150) days of the effective date of this chapter, the
department shall provide for at least one public hearing on the
granting of an application to a
single compassion center.
(4) Within one hundred
ninety (190) days of the effective date of this chapter, the
department shall grant a single registration certificate to a
single compassion center, providing at
least one applicant has applied who meets the requirements
of this chapter.
(5) If at any time
after fifteen (15) months after the effective date of this chapter, there is
no operational compassion center in
provide for input from the public, and issue a registration
certificate for a compassion center if a
qualified applicant exists.
(6) Within two (2)
years of the effective date of this chapter, the department shall begin
accepting applications to provide registration certificates for
two (2) additional compassion
centers. The department shall solicit input from the public,
and issue registration certificates if
qualified applicants exist.
(7) Any time a
compassion center registration certificate is revoked, is relinquished, or
expires, the department shall accept applications for a new
compassion center.
(8) If at any time
after three (3) years after the effective date of this chapter, fewer than
three (3) compassion centers are holding valid registration
certificates in
department shall accept applications for a new compassion
center. No more than three (3)
compassion centers may hold valid registration certificates at one
time.
(9) Any compassion
center application selected for approval by the department prior to
January 1, 2012, shall remain in full force and
effect, notwithstanding any provisions of this
chapter to the contrary, and shall be subject to state law
adopted herein and rules and regulations
adopted by the department subsequent to passage of this
legislation.
(c) Compassion center
and agent applications and registration:
(1) Each application
for a compassion center shall include:
(i)
A non-refundable application fee paid to the department in the amount of two
hundred fifty dollars ($250);
(ii) The proposed legal
name and proposed articles of incorporation of the compassion
center;
(iii) The proposed
physical address of the compassion center, if a precise address has
been determined, or, if not, the general location where it
would be located. This may include a
second location for the cultivation of medical marijuana;
(iv)
A description of the enclosed, locked facility that would be used in the
cultivation of
marijuana;
(v) The name, address,
and date of birth of each principal officer and board member of
the compassion center;
(vi)
Proposed security and safety measures which shall include at least one
security
alarm system for each location, planned measures to deter
and prevent the unauthorized entrance
into areas containing marijuana and the theft of
marijuana, as well as a draft employee instruction
manual including security policies, safety and security
procedures, personal safety and crime
prevention techniques; and
(vii) Proposed
procedures to ensure accurate record keeping;
(2) Any time one or
more compassion center registration applications are being
considered, the department shall also allow for comment by the
public and shall solicit input from
registered qualifying patients, registered primary caregivers;
and the towns or cities where the
applicants would be located;
(3) Each time a
compassion center certificate is granted, the decision shall be based upon
the overall health needs of qualified patients and the
safety of the public, including, but not
limited to, the following factors:
(i)
Convenience to patients from throughout the state of
centers if the applicant were approved;
(ii) The applicants'
ability to provide a steady supply to the registered qualifying patients
in the state;
(iii) The applicants'
experience running a non-profit or business;
(iv)
The interests of qualifying patients regarding which applicant be
granted a
registration certificate;
(v) The interests of
the city or town where the dispensary would be located;
(vi)
The sufficiency of the applicant's plans for record keeping and
security, which
records shall be considered confidential health care
information under
intended to be deemed protected health care information for
purposes of the Federal Health
Insurance Portability and Accountability Act of 1996,
as amended; and
(vii) The sufficiency
of the applicant's plans for safety and security, including proposed
location, security devices employed, and staffing;
(4) After a compassion
center is approved, but before it begins operations, it shall submit
the following to the department:
(i)
A fee paid to the department in the amount of five thousand dollars ($5,000);
(ii) The legal name and
articles of incorporation of the compassion center;
(iii) The physical
address of the compassion center; this may include a second address
for the secure cultivation of marijuana;
(iv)
The name, address, and date of birth of each principal officer and board
member of
the compassion center;
(v) The name, address,
and date of birth of any person who will be an agent of, employee
or volunteer of the compassion center at its inception;
(5) The department
shall track the number of registered qualifying patients who
designate each compassion center as a primary caregiver, and
issue a written statement to the
compassion center of the number of qualifying patients who have
designated the compassion
center to serve as a primary caregiver for them. This
statement shall be updated each time a new
registered qualifying patient designates the compassion center
or ceases to designate the
compassion center and may be transmitted electronically if the
department's regulations so
provide. The department may provide by regulation that the
updated written statements will not
be issued more frequently than twice each week;
(6) Except as provided
in subdivision (7), the department shall issue each principal
officer, board member, agent, volunteer and employee of a
compassion center a registry
identification card or renewal card within ten (10) days of receipt
of the person's name, address,
date of birth; a fee in an amount established by the
department; and notification to the department
by the state police that the registry identification
card applicant has not been convicted of a felony
drug offense or has not entered a plea of nolo contendere for a felony drug
offense and received a
sentence of probation. Each card shall specify that the
cardholder is a principal officer, board
member, agent, volunteer, or employee of a compassion center
and shall contain the following:
(i)
The name, address, and date of birth of the principal officer, board member,
agent,
volunteer or employee;
(ii) The legal name of
the compassion center to which the principal officer, board
member, agent, volunteer or employee is affiliated;
(iii) A random
identification number that is unique to the cardholder;
(iv)
The date of issuance and expiration date of the registry identification
card; and
(v) A photograph, if
the department decides to require one;
(7) Except as provided
in this subsection, the department shall not issue a registry
identification card to any principal officer, board member, agent,
volunteer, or employee of a
compassion center who has been convicted of a felony drug
offense or has entered a plea of nolo
contendere for a felony drug offense and received a sentence of
probation. The department shall
notify the compassion center in writing of the purpose for
denying the registry identification card.
The department may grant such person a registry
identification card if the department determines
that the offense was for conduct that occurred prior to
the enactment of the Edward O. Hawkins
and Thomas C. Slater Medical Marijuana Act or that was
prosecuted by an authority other than
the state of
Marijuana Act would otherwise have prevented a
conviction;
(i)
All registry identification card applicants shall apply to the state police for
a national
criminal background identification records check
that shall include with fingerprints submitted to
the federal bureau of investigation. Upon the discovery of a felony drug offense
conviction or a
plea of nolo contendere
for a felony drug offense with a sentence of probation, and in accordance
with the rules promulgated by the director, the state
police shall inform the applicant, in writing,
of the nature of the felony and the state police shall
notify the department, in writing, without
disclosing the nature of the felony, that a felony drug offense
conviction or a plea of nolo
contendere for a felony drug offense with probation has been
found.
(ii) In those situations
in which no felony drug offense conviction or plea of nolo
contendere for a felony drug offense with probation has been
found, the state police shall inform
the applicant and the department, in writing, of this
fact.
(iii) All registry
identification card applicants shall be responsible for any expense
associated with the criminal background check with fingerprints.
(8) A registry
identification card of a principal officer, board member, agent, volunteer,
or employee shall expire one year after its issuance, or
upon the expiration of the registered
organization's registration certificate, or upon the termination of
the principal officer, board
member, agent, volunteer or employee’s relationship with the
compassion center, whichever
occurs first.
(d) Expiration or
termination of compassion center:
(1) A compassion
center's registration shall expire two (2) years after its registration
certificate is issued. The compassion center may submit a renewal
application beginning sixty
(60) days prior to the
expiration of its registration certificate;
(2) The department
shall grant a compassion center's renewal application within thirty
(30) days of its submission
if the following conditions are all satisfied:
(i)
The compassion center submits the materials required under subdivision (c)(4),
including a five thousand dollar ($5,000) fee;
(ii) The compassion
center's registration has never been suspended for violations of this
chapter or regulations issued pursuant to this chapter;
(iii) The legislative
oversight committee's report, if issued pursuant to subsection (4)(j),
indicates that the compassion center is adequately providing
patients with access to medical
marijuana at reasonable rates; and
(iv) The legislative
oversight committee's report, if issued pursuant to subsection (4)(j),
does not raise serious concerns about the continued
operation of the compassion center applying
for renewal.
(3) If the department
determines that any of the conditions listed in paragraphs (d)(2)(i) -
- (iv) have not been met, the
department shall begin an open application process for the operation
of a compassion center. In granting a new registration
certificate, the department shall consider
factors listed in subdivision (c)(3) of this section;
(4) The department
shall issue a compassion center one or more thirty (30) day
temporary registration certificates after that compassion
center's registration would otherwise
expire if the following conditions are all satisfied:
(i)
The compassion center previously applied for a renewal, but the department had
not
yet come to a decision;
(ii) The compassion
center requested a temporary registration certificate; and
(iii) The compassion
center has not had its registration certificate revoked due to
violations of this chapter or regulations issued pursuant to
this chapter.
(5) A compassion
center’s registry identification card shall be subject to revocation if the
compassion center:
(i) Possesses an amount of marijuana exceeding the
limits established by this chapter;
(ii)
Is in violation of the laws of this state;
(iii) Is in violation of
other departmental regulations; or
(iv)
Employs or enters into a business relationship with a medical
practitioner who
provides written certification of a qualifying patient’s
medical condition.
(e) Inspection. -
Compassion centers are subject to reasonable inspection by the
department of health, division of facilities regulation. During
an inspection, the department may
review the compassion center's confidential records,
including its dispensing records, which shall
track transactions according to qualifying patients'
registry identification numbers to protect their
confidentiality.
(f) Compassion center
requirements:
(1) A compassion center
shall be operated on a not-for-profit basis for the mutual benefit
of its patients. A compassion center need not be recognized
as a tax-exempt organization by the
Internal Revenue Services;
(2) A compassion center
may not be located within one thousand feet (1,000’) of the
property line of a preexisting public or private school;
(3) A compassion center
shall notify the department within ten (10) days when a
principal officer, board member, agent, volunteer or employee
ceases to work at the compassion
center. His or her card shall be deemed null and void and
the person shall be liable for any
penalties that may apply to any nonmedical possession or use of
marijuana by the person;
(4) A compassion center
shall notify the department in writing of the name, address, and
date of birth of any new principal officer, board member,
agent, volunteer or employee and shall
submit a fee in an amount established by the department for
a new registry identification card
before that person begins his or her relationship with the
compassion center;
(5) A compassion center
shall implement appropriate security measures to deter and
prevent the unauthorized entrance into areas containing
marijuana and the theft of marijuana and
shall insure that each location has an operational security
alarm system. Each compassion center
shall request that the
of the facility and make any recommendations regarding
the security of the facility and its
personnel within ten (10) days prior to the initial opening of
each compassion center. Said
recommendations shall not be binding upon any compassion center, nor
shall the lack of
implementation of said recommendations delay or prevent the opening
or operation of any center.
If the
period there shall be no delay in the compassion center’s
opening.
(6) The operating
documents of a compassion center shall include procedures for the
oversight of the compassion center and procedures to ensure
accurate record keeping;
(7) A compassion center
is prohibited from acquiring, possessing, cultivating,
manufacturing, delivering, transferring, transporting, supplying,
or dispensing marijuana for any
purpose except to assist patient’s other primary caregiver;
(8) All principal
officers and board members of a compassion center must be residents of
the state of
(9) Each time a new
registered qualifying patient visits a compassion center, it shall
provide the patient with a frequently asked questions sheet
designed by the department, which
explains the limitations on the right to use medical marijuana
under state law;
(10) Each compassion
center shall develop, implement, and maintain on the premises
employee, volunteer and agent policies and procedures to
address the following requirements:
(i)
A job description or employment contract developed for all employees and agents
and
a volunteer agreement for all volunteers, which
includes duties, authority, responsibilities,
qualifications, and supervision; and
(ii) Training in and
adherence to state confidentiality laws.
(11) Each compassion
center shall maintain a personnel record for each employee, agent
and volunteer that includes an application and a record
of any disciplinary action taken;
(12) Each compassion
center shall develop, implement, and maintain on the premises an
on-site training curriculum, or enter into contractual
relationships with outside resources capable
of meeting employee training needs, which includes, but
is not limited to, the following topics:
(i)
Professional conduct, ethics, and patient confidentiality; and
(ii) Informational
developments in the field of medical use of marijuana.
(13) Each compassion
center entity shall provide each employee, agent and volunteer, at
the time of his or her initial appointment, training in
the following:
(i)
The proper use of security measures and controls that have been adopted; and
(ii) Specific
procedural instructions on how to respond to an emergency, including
robbery or violent accident;
(14) All compassion
centers shall prepare training documentation for each employee and
volunteer and have employees and volunteers sign a statement
indicating the date, time, and place
the employee and volunteer received said training and
topics discussed, to include name and title
of presenters. The compassion center shall maintain
documentation of an employee's and a
volunteer's training for a period of at least six (6) months
after termination of an employee's
employment or the volunteer's volunteering.
(g) Maximum amount of
usable marijuana to be dispensed:
(1) A compassion center
or principal officer, board member, agent, volunteer or
employee of a compassion center may not dispense more than two
and one half ounces (2.5 oz) of
usable marijuana to a qualifying patient directly or through
a qualifying patient's other primary
caregiver during a fifteen (15) day period;
(2) A compassion center
or principal officer, board member, agent, volunteer or
employee of a compassion center may not dispense an amount of
usable marijuana or marijuana
plants to a qualifying patient or a qualifying patient's
other primary caregiver that the compassion
center, principal officer, board member, agent, volunteer,
or employee knows would cause the
recipient to possess more marijuana than is permitted under the
Edward O. Hawkins and Thomas
C. Slater Medical Marijuana Act.
(h) Immunity:
(1) No registered
compassion center shall be subject to prosecution; search, except by
the department pursuant to subsection (e); seizure; or
penalty in any manner or denied any right
or privilege, including, but not limited to, civil
penalty or disciplinary action by a business,
occupational, or professional licensing board or entity, solely
for acting in accordance with this
section to assist registered qualifying patients to whom it
is connected through the department's
registration process with the medical use of marijuana;
(2) No registered
compassion center shall be subject to prosecution; seizure or penalty in
any manner or denied any right or privilege, including,
but not limited to, civil penalty or
disciplinary action by a business, occupational, or professional
licensing board or entity, for
selling, giving or distributing marijuana in whatever form
and within the limits established by the
department to another registered compassion center;
(3) No principal
officers, board members, agents, volunteers, or employees of a registered
compassion center shall be subject to arrest, prosecution,
search, seizure, or penalty in any
manner or denied any right or privilege, including, but not
limited to, civil penalty or disciplinary
action by a business, occupational, or professional
licensing board or entity, solely for working
for or with a compassion center to engage in acts
permitted by this section.
(4) No state employee shall
be subject to arrest, prosecution or penalty in any manner, or
denied any right or privilege, including, but not limited
to, civil penalty, disciplinary action,
termination, or loss of employee or pension benefits, for any and
all conduct that occurs within
the scope of his or her employment regarding the
administration, execution and/or enforcement of
this act, and the provisions of
applicable to this section.
(i)
Prohibitions:
(1) A compassion center
shall not possess an amount of marijuana at any given time that
exceeds the following limitations:
(i)
One hundred fifty (150) marijuana plants of which no more than ninety-nine (99)
shall
be mature; and
(ii)
One thousand five hundred ounces (1500 oz.) of usable marijuana.
(2) A compassion center
may not dispense, deliver, or otherwise transfer marijuana to a
person other than a qualifying patient who has designated
the compassion center as a primary
caregiver or to such patient's other primary caregiver;
(3) A person found to
have violated paragraph (2) of this subsection may not be an
employee, agent, volunteer, principal officer, or board member
of any compassion center
(4) An employee, agent,
volunteer, principal officer or board member of any compassion
center found in violation of paragraph (2) above shall have
his or her registry identification
revoked immediately; and
(5) No person who has
been convicted of a felony drug offense or has entered a plea of
nolo contendere for a felony
drug offense with a sentence or probation may be the principal
officer, board member, agent, volunteer, or employee of a
compassion center unless the
department has determined that the person's conviction was for
the medical use of marijuana or
assisting with the medical use of marijuana in accordance with
the terms and conditions of this
chapter. A person who is employed by or is an agent,
volunteer, principal officer, or board
member of a compassion center in violation of this section
is guilty of a civil violation punishable
by a fine of up to one thousand dollars ($1,000). A
subsequent violation of this section is a
misdemeanor:
(j) Legislative
oversight committee:
(1) The general
assembly shall appoint a nine (9) member oversight committee
comprised of: one member of the house of representatives; one
member of the senate; one
physician to be selected from a list provided by the
selected from a list provided by the
qualifying patients; one registered primary caregiver; one
patient advocate to be selected from a
list provided by the
Island state police or his/her
designee.
(2) The oversight
committee shall meet at least six (6) times per year for the purpose of
evaluating and making recommendations to the general assembly
regarding:
(i)
Patients' access to medical marijuana;
(ii) Efficacy of
compassion center;
(iii) Physician
participation in the Medical Marijuana Program;
(iv)
The definition of qualifying medical condition;
(v) Research studies
regarding health effects of medical marijuana for patients.
(3) On or before
January 1 of every even numbered year, the oversight committee shall
report to the general assembly on its findings.
SECTION 2. This act shall take effect upon passage.
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LC02810
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