| Chapter 080 |
| 2023 -- H 5829 Enacted 06/19/2023 |
| A N A C T |
| RELATING TO FOOD AND DRUGS -- THE RHODE ISLAND CANNABIS ACT |
Introduced By: Representative Scott Slater |
| Date Introduced: March 01, 2023 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 21-28.11-10.1 of the General Laws in Chapter 21-28.11 entitled "The |
| Rhode Island Cannabis Act" is hereby amended to read as follows: |
| 21-28.11-10.1. Transitional period and transfer of authority. |
| (a) To protect public health and public safety, upon the effective date of this chapter [May |
| 25, 2022] until final issuance of the commission’s rules and regulations promulgated pursuant to |
| the provisions of this chapter, there shall exist a transitional period of regulatory and enforcement |
| authority regarding the production, possession, regulation, distribution, sale and use of cannabis |
| relating to the sale by hybrid cannabis retailers of adult use cannabis pursuant to § 21-28.11-10. |
| (b) During the transitional period, the office of cannabis regulation shall prescribe such |
| forms, procedures, and requirements as necessary to facilitate the acquisition of hybrid retail and |
| cultivation licenses by compassion centers and cultivators licensed pursuant to chapter 28.6 of this |
| title. |
| (c) Such forms, procedures, and requirements shall be posted on the website of the office |
| of cannabis regulation no later than October 15, 2022, at which time an application period will |
| commence. Applications shall be received, reviewed, and approved on a rolling basis provided that |
| in no case shall an approved hybrid retailer begin adult use sales before December 1, 2022. |
| (d) The forms, procedures, and requirements prescribed by the office of cannabis regulation |
| shall incorporate, but shall not be limited to, the following: |
| (1) Requirements pertaining to the physical premises of hybrid retail licensees. Where |
| physically possible these shall include prospective licensee plans to physically separate marijuana |
| and marijuana products designated for adult use and medical sales, respectively, in inventory, |
| storage, and customer-facing floor and display areas; plans to physically separate sales areas for |
| adult use and medical sales, which may be provided by a temporary or semi-permanent physical |
| barrier; plans to provide and maintain a patient consultation area that will allow privacy for |
| confidential consultation with qualifying patients; and plans to prioritize patient and caregiver |
| identification verification and physical entry into retail areas in the event of capacity or other |
| constraints; however, if the premises of a hybrid retail licensee does not allow the licensee to meet |
| the requirements of this subsection or would cause undue hardship on the licensee, the office of |
| cannabis regulation may authorize the hybrid retail licensee to conduct adult use sales at an adjunct |
| location. In authorizing any such adjunct location, the office shall require, at a minimum, the |
| following: |
| (i) The adjunct location must be physically located within the same municipality and |
| geographic zone; |
| (ii) The adjunct location must comply with all municipal zoning requirements and obtain |
| municipal approval; |
| (iii) The approval of any adjunct location will not cause undue hardship upon another |
| licensed cannabis retailer; and |
| (iv) In the instance that an adjunct location is approved by the office, the hybrid cannabis |
| retailer shall not be permitted to engage in the sale of cannabis for adult use at more than one |
| premises. |
| (2) Requirements pertaining to inventory, product, and sales tracking. These shall include |
| prospective licensee submission of plans to electronically separate finished marijuana products |
| designated for medical or adult use sales in hybrid licensees’ inventory and sales tracking systems. |
| If prospective hybrid licensees are conducting cultivation activities, they shall submit plans to |
| distinguish between sales of marijuana or finished marijuana products at wholesale based on |
| designation for medical or adult use sales. |
| (3) Requirements relating to the maintenance of medical marijuana program service levels. |
| These shall include prospective licensee submission of comprehensive policies and procedures |
| detailing plans to maintain a sufficient quantity and variety of medical marijuana products, and if |
| substitutions of medical marijuana products with adult use marijuana products are to be made, a |
| justification for such substitutions. Prospective hybrid licensees shall also be required to designate |
| an individual who will be primarily responsible for maintenance of medical marijuana program |
| service levels and ongoing compliance with existing program requirements, rules, and regulations. |
| (4) Requirements relating to operating plans, policies, and procedures. These shall include |
| prospective licensee submission, maintenance of, and adherence to a set of written standard |
| operating procedures that encompass both adult use and medical marijuana service lines. These |
| operating plans and procedures shall take the form of an updated operations manual as currently |
| required under medical marijuana program regulations and shall include, but not be limited to, |
| policies and procedures relating to the maintenance of medical marijuana program service levels |
| as defined in this section. |
| (5) Requirements relating to the advertising of cannabis and cannabis products by hybrid |
| cannabis retailers who have been permitted to sell adult use cannabis pursuant to the provisions of |
| this chapter. |
| (e) Notwithstanding the foregoing provisions of this section, all prospective and approved |
| applicants for hybrid cannabis retailer and cannabis cultivator licenses under this chapter shall |
| maintain compliance with the existing provisions of chapter 28.6 of this title of the general laws |
| and the regulations promulgated thereunder until final issuance of the commission’s rules and |
| regulations, including, but not limited to, existing restrictions and requirements related to financial |
| disclosures; registration of owners, managers, key persons, agents, and employees; product testing; |
| packaging and labeling; transportation; and home delivery; and advertising. |
| (f) Forms, procedures, and requirements relating to this transitional period may be amended |
| by the office of cannabis regulation or the commission up until the final issuance of the |
| commission’s regulations pursuant to the provisions of this chapter at which time the forms, |
| procedures, and requirements will be superseded by the commission’s final rules and regulations. |
| (g) Upon final issuance of the commission’s rules and regulations, the following shall |
| occur: |
| (1) All powers, duties and responsibilities of the department of business regulation and the |
| office of cannabis regulation with respect to the regulation, administration and enforcement of the |
| provisions of chapter 28.6 of this title shall be transferred to the commission or as designated by |
| the commission to the cannabis office. |
| (2) All powers, duties and responsibilities of the department of environmental management |
| with respect to regulation, administration and enforcement of chapter 28.6 of this title shall be |
| transferred to the commission or as designated by the commission to the cannabis office. |
| (3) All powers, duties and responsibilities of the department of health with respect to |
| regulation, administration and enforcement of chapter 28.6 of this title shall be transferred to the |
| commission or as designated by the commission to the cannabis office, except for the following: |
| (i) Administration of registry identification cards to qualified patients; and |
| (ii) Powers delegated to the department pursuant to this chapter or by rules and regulations |
| of the commission. |
| (4) There shall be established a “cannabis office” with the powers, duties and |
| responsibilities authorized pursuant to § 21-28.11-18.1. |
| (5) All powers exercised by state agencies, departments and offices pursuant to the |
| provisions of subsections (a) and (b) of this section relating to transitional period authority shall |
| cease. |
| (h) Upon final issuance of the commission’s rules and regulations, whenever the term |
| “office of cannabis regulation” appears in any general law or regulation, the term shall mean the |
| “cannabis office” as defined in this chapter. |
| SECTION 2. This act shall take effect upon passage. |
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| LC001958 |
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