Chapter 223 |
2023 -- S 1009 Enacted 06/19/2023 |
A N A C T |
RELATING TO FOOD AND DRUGS -- THE RHODE ISLAND CANNABIS ACT |
Introduced By: Senators Acosta, Mack, Lombardo, and Miller |
Date Introduced: May 15, 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. |
======== |
LC002445 |
======== |