| Chapter 064 |
| 2026 -- H 8544 Enacted 06/10/2026 |
| A N A C T |
| RELATING TO FOOD AND DRUGS -- THE RHODE ISLAND CANNABIS ACT |
Introduced By: Representative Scott Slater |
| Date Introduced: May 13, 2026 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Sections 21-28.11-3, 21-28.11-7, 21-28.11-9, 21-28.11-10.2, 21-28.11-11, |
| 21-28.11-12.1 and 21-28.11-17 of the General Laws in Chapter 21-28.11 entitled "The Rhode |
| Island Cannabis Act" are hereby amended to read as follows: |
| 21-28.11-3. Definitions. |
| For purposes of this chapter, the following words, terms and phrases shall have the |
| following meanings: |
| (1) “Administrator” means the administrator of the cannabis office appointed by the |
| governor pursuant to the provisions of § 21-28.11-18.1. |
| (2) “Adult use cannabis” or “recreational cannabis” means cannabis which may be legally |
| possessed and consumed for non-medical purposes by a person who is at least twenty-one (21) |
| years of age. |
| (3) “Applicant” means a Rhode Island resident or a business entity with a principal place |
| of business located in Rhode Island to include, person or a business entity including, but not limited |
| to, a corporation, limited liability company, limited liability partnership or partnership, and in |
| which fifty-one percent (51%) of the equity in the business entity is owned by residents of Rhode |
| Island, and the Rhode Island resident or business entity who has made application for issuance of |
| a license or certificate to own or engage in a cannabis business subject to the provisions of this |
| chapter. |
| (4) “Cannabinoid’' means any of several compounds produced by cannabis plants that have |
| medical and psychotropic effects. |
| (5) “Cannabinoid profile” means amounts, expressed as the dry-weight percentages, of |
| delta-9-tetrahydrocannabinol, cannabidiol, tetrahydrocannabinolic acid and cannabidiolic acid in a |
| cannabis product. Amounts of other cannabinoids may be regulated by the commission. |
| (6) “Cannabis” or “marijuana” or “marihuana” means all parts of any plant of the genus |
| cannabis not excepted herein, and whether growing or not; the seeds thereof; and resin extracted |
| from any part of the plant; and every compound, manufacture, salt, derivative, mixture or |
| preparation of the plant, its seeds or resin including tetrahydrocannabinol; provided, however, that |
| “cannabis” shall not include: |
| (i) The mature stalks of the plant, fiber produced from the stalks, oil, or cake made from |
| the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of |
| the mature stalks, fiber, oil or cake made from the seeds of the plant or the sterilized seed of the |
| plant that is incapable of germination; |
| (ii) Hemp; or |
| (iii) The weight of any other ingredient combined with cannabis to prepare topical or oral |
| administrations, food, drink or other products. |
| (7) “Cannabis accessories” or “marijuana accessories” means equipment, products, devices |
| or materials of any kind that are intended or designed for use in planting, propagating, cultivating, |
| growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, |
| testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling or otherwise |
| introducing cannabis into the human body. |
| (8) “Cannabis advisory board” or “advisory board” means the cannabis advisory board |
| established pursuant to the provisions of § 21-28.11-6. |
| (9) “Cannabis concentrate” means the resin extracted from any part of the plant of the |
| genus cannabis and every compound, manufacture, salt, derivative, mixture or preparation of that |
| resin but shall not include the weight of any other ingredient combined with cannabis to prepare |
| cannabis products. |
| (10) “Cannabis control commission” or “commission” means the Rhode Island cannabis |
| control commission established by § 21-28.11-4. |
| (11) “Cannabis cultivator” or “marijuana cultivator” means an entity licensed to cultivate, |
| process and package cannabis, to deliver cannabis to cannabis establishments and to transfer |
| cannabis to other cannabis establishments, but not to consumers. |
| (12) “Cannabis establishment” or “marijuana establishment” means a cannabis cultivator, |
| cannabis testing laboratory, cannabis product manufacturer, cannabis retailer, hybrid cannabis |
| retailer or any other type of licensed cannabis-related business. |
| (13) “Cannabis office” means the office established pursuant to § 21-28.11-18.1. |
| (14) “Cannabis product manufacturer” or “marijuana product manufacturer”' means an |
| entity licensed to obtain, manufacture, process and package cannabis and cannabis products, to |
| deliver cannabis and cannabis products to cannabis establishments and to transfer cannabis and |
| cannabis products to other cannabis establishments, but not to consumers. |
| (15) “Cannabis products” or “marijuana products” means products that have been |
| manufactured and contain cannabis or an extract from cannabis, including concentrated forms of |
| cannabis and products composed of cannabis and other ingredients that are intended for use or |
| consumption, including edible products, beverages, topical products, ointments, oils and tinctures. |
| (16) “Cannabis retailer” or “marijuana retailer” means an entity licensed pursuant to § 21- |
| 28.11-10.2 to purchase and deliver cannabis and cannabis products from cannabis establishments |
| and to deliver, sell or otherwise transfer cannabis and cannabis products to cannabis establishments |
| and to consumers. |
| (17) “Cannabis testing laboratory’' means a third-party analytical testing laboratory that is |
| licensed annually by the commission, in consultation with the department of health, to collect and |
| test samples of cannabis and cannabis products pursuant to regulations issued by the commission |
| and is: |
| (i) Independent financially from any medical cannabis treatment center or any licensee or |
| cannabis establishment for which it conducts a test; and |
| (ii) Qualified to test cannabis in compliance with regulations promulgated by the |
| commission pursuant to this chapter. The term includes, but is not limited to, a cannabis testing |
| laboratory as provided in § 21-28.11-11. |
| (18) “Chairperson” means the chairperson of the cannabis control commission established |
| pursuant to § 21-28.11-4. |
| (19) “Close associate” means a person who holds a legally recognized financial interest in, |
| or is entitled to exercise power in, the business of an applicant or licensee and, by virtue of that |
| interest or power, is able to exercise a significant influence over the management or operation of a |
| cannabis establishment licensed under this chapter. |
| (20) “Consumer” means a person who is at least twenty-one (21) years of age, and who is |
| authorized by law to consume or use cannabis. |
| (21) “Controlling person” means an officer, board member or other individual who has a |
| financial or voting interest of ten percent (10%) or greater in a cannabis establishment. |
| (22) “Cultivation batch” means a collection of cannabis plants from the same seed or plant |
| stock that are cultivated and harvested together, and receive an identical propagation and cultivation |
| treatment, including, but not limited to: growing media, ambient conditions, watering and light |
| regimes and agricultural or hydroponic inputs. Every cannabis cultivator licensee shall assign and |
| record a unique, sequential alphanumeric identifier to each cultivation batch for the purposes of |
| production tracking, product labeling and product recalls. |
| (23) “Disproportionately impacted area” means a census tract or comparable geographic |
| area that satisfies at least one of the following criteria as determined by the commission, that: |
| (i) The area has a poverty rate of at least twenty percent (20%) according to the latest |
| federal decennial census; |
| (ii) Seventy-five percent (75%) or more of the children in the area participate in the federal |
| free lunch program according to reported statistics from the Rhode Island board of education; |
| (iii) At least twenty percent (20%) of the households in the area receive assistance under |
| the Supplemental Nutrition Assistance Program (SNAP); |
| (iv) The area has an average unemployment rate, as determined by the Rhode Island |
| department of labor and training, that is more than one hundred twenty percent (120%) of the |
| national unemployment average, as determined by the United States Department of Labor, for a |
| period of at least two (2) consecutive calendar years preceding the date of the application; or |
| (v)(A) The area has disproportionately high rates of arrest, conviction, and incarceration |
| related to the sale, possession, use, cultivation, manufacture, or transportation of cannabis in |
| comparison to other communities and localities in the state; or |
| (B) The area has a history of arrests, convictions, and other law enforcement practices in a |
| certain geographic area, such as, but not limited to, precincts, zip codes, neighborhoods, and |
| political subdivisions, reflecting a disparate enforcement of cannabis prohibition during a certain |
| time period, when compared to the remainder of the state. |
| (vi) The commission shall, with recommendations from the cannabis advisory board and |
| the chief equity officer, issue guidelines to determine how to assess which communities have been |
| disproportionately impacted and how to assess if someone is a member of a community |
| disproportionately impacted. |
| (24) “Final issuance of the commission’s rules and regulations” means the rules and |
| regulations adopted by the commission after compliance with requirements of chapter 35 of title |
| 42 (the “administrative procedures act”) and chapter 46 of title 42 (the “open meetings act”) and |
| shall not include any emergency, provisional or interim rules, regulations, requirements, orders, |
| instructions or procedures. |
| (25) “Finished cannabis” means a usable cannabis, cannabis resin or cannabis concentrate. |
| (26) “Hemp” means the plant of the genus cannabis or any part of the plant, whether |
| growing or not, with a delta-9-tetrahydrocannabinol concentration that does not exceed three tenths |
| of one percent (0.3%) on a dry weight basis of any part of the plant of the genus cannabis, or per |
| volume or weight of cannabis product, or the combined per cent of delta-9-tetrahydrocannabinol |
| and tetrahydrocannabinolic acid in any part of the plant of the genus cannabis regardless of moisture |
| content. |
| (27) “Host community” means a municipality in which a cannabis establishment or a |
| medical cannabis treatment center is located or in which an applicant has proposed locating a |
| cannabis establishment or a medical cannabis treatment center. |
| (28) “Hybrid cannabis retailer” or “hybrid compassion center” means a compassion center |
| licensed pursuant to chapter 28.6 of this title that is in good standing with the department of business |
| regulation and that has paid the fee pursuant to § 21-28.11-10 and has been authorized to sell non- |
| medical or adult use cannabis to consumers. |
| (29) “Laboratory agent” means a registered employee of a cannabis testing laboratory who |
| transports, possesses or tests cannabis. |
| (30) “Licensee” means a person or entity licensed by the commission pursuant to the |
| provisions of this chapter. Any business structure recognized under title 7, including, but not limited |
| to, corporations, partnerships, limited partnerships, limited-liability companies, and workers’ |
| cooperatives, which is otherwise qualified, is eligible to be considered by the commission as an |
| entity licensee. |
| (31) “Manufacture” means to compound, blend, extract, infuse or otherwise make or |
| prepare a cannabis product. |
| (32) “Medical cannabis” means cannabis and cannabis products that satisfy the |
| requirements of chapter 28.6 of this title and have been given the designation of “medical cannabis” |
| or “medical marijuana” due to dose, potency and form. Medical cannabis products are only |
| available for use by patient cardholders, and may only be sold to or possessed by patient |
| cardholders, or their registered caregiver, or authorized purchaser in accordance with chapter 28.6 |
| of this title. Medical cannabis may not be sold to, possessed by, manufactured by, or used by any |
| person except as permitted pursuant to chapter 28.6 of this title. |
| (33) “Medical cannabis treatment center” or “Medical marijuana treatment center” includes |
| a compassion center, a medical marijuana emporium, or marijuana establishment licensee who |
| operates a treatment center, as defined in § 21-28.6-3. |
| (34) “Member of an impacted family” means an individual who has a parent, legal |
| guardian, child, spouse, or dependent who, or was a dependent of an individual who, prior to the |
| effective date of this chapter May 25, 2022, was arrested for, charged with, convicted of, or |
| adjudicated delinquent for any cannabis offense that is eligible for expungement has been |
| decriminalized under this chapter or for an offense from another jurisdiction that is equivalent to |
| an offense that has been decriminalized under this chapter. |
| (35) “Ownership and control” means ownership of at least fifty-one percent (51%) of the |
| cannabis establishment, and control over the management and day-to-day operations of the |
| cannabis establishment, and an interest in the capital, assets, and profits and losses of the cannabis |
| establishment proportionate to percentage of ownership. |
| (36) “Process” or “processing” means to harvest, dry, cure, trim and separate parts of the |
| cannabis plant by manual or mechanical means, except it shall not include manufacture as defined |
| in this section. |
| (37) “Production batch” means a batch of finished plant material, cannabis resin, cannabis |
| concentrate or cannabis-infused product made at the same time, using the same methods, equipment |
| and ingredients. The commission shall require licensees to assign and record a unique, sequential |
| alphanumeric identifier to each production batch for the purposes of production tracking, product |
| labeling and product recalls. All production batches shall be traceable to one or more cannabis |
| cultivation batches. |
| (38) “Residual solvent” means a volatile organic chemical used in the manufacture of a |
| cannabis product and that is not completely removed by practical manufacturing techniques. |
| (39) “Social equity applicant” means an applicant that has with at least fifty-one percent |
| (51%) ownership and control by one or more individuals who can show that they have been |
| disproportionately impacted by criminal enforcement of marijuana cannabis laws, including |
| individuals convicted of nonviolent marijuana offenses, immediate family members of individuals |
| convicted of nonviolent marijuana offenses and individuals who have resided in disproportionately |
| impacted areas for at least five (5) of the last ten (10) years, as determined by the commission after |
| consultation with the cannabis advisory board, and further specified in the rules and regulations |
| that shall identify factors and other considerations to be evaluated in certifying applicants as social |
| equity applicants, provided that such applicants shall at a minimum meet that in one of the |
| following criteria ways: |
| (i) An applicant with at least fifty-one percent (51%) ownership and control by one or more |
| individuals who have resided for at least five (5) of the preceding ten (10) years in a |
| disproportionately impacted area. |
| (ii) An applicant with at least fifty-one percent (51%) ownership and control by one or |
| more individuals who: |
| (A) Have (i) Has been arrested for, convicted of, or adjudicated delinquent for any cannabis |
| offense that is eligible for expungement has been decriminalized under this chapter; or |
| (ii) Has been arrested for, convicted of, or adjudicated delinquent for any cannabis offense |
| from another jurisdiction that occurred prior to May 25, 2022, that is equivalent to an offense that |
| has been decriminalized under this chapter; or |
| (B)(iii) Is a member of an impacted family. |
| (iii) For applicants with a minimum of ten (10) full-time employees, an applicant with at |
| least fifty-one percent (51%) of current employees who: |
| (A) Currently reside in a disproportionately impacted area; or |
| (B) Have been arrested for, convicted of, or adjudicated delinquent for any offense that is |
| eligible for expungement under this chapter or is a member of an impacted family. |
| (iv) Can demonstrate significant past experience in or business practices that promote |
| economic empowerment in disproportionally impacted areas. |
| (v) Had income which does not exceed four hundred percent (400%) of the median income, |
| as defined by the commission, in a disproportionally impacted area for at least five (5) of the past |
| ten (10) years. |
| (40) “Terpenoid” means an isoprene that are the aromatic compounds found in cannabis, |
| including, but not limited to: limonene, myrcene, pinene, linalool, eucalyptol, Δ-terpinene, ß- |
| caryophyllene, caryophyllene oxide, nerolidol and phytol. |
| (41) “Unreasonable and impracticable” means that the measures necessary to comply with |
| the rules and regulations adopted pursuant to this chapter subject licensees to unreasonable risk or |
| require such a high investment of money, time or any other resource or asset that a reasonably |
| prudent businessperson would not operate a cannabis establishment. |
| (42) “Workers’ cooperative” means an applicant organized and operated pursuant to the |
| provisions of chapter 6.2 of title 7. |
| 21-28.11-7. Licensed cannabis cultivators. |
| (a) Except as provided pursuant to the provisions of subsection (b) of this section or § 21- |
| 28.11-8, there shall be a moratorium on the issuance of new cannabis cultivator licenses until the |
| date that is two (2) years following the final issuance of the commission’s rules and regulations |
| pursuant to the provisions of this chapter. This moratorium shall not apply to cannabis cultivators |
| licensed pursuant to chapter 28.6 of this title on or before enactment of this chapter. |
| (b) On August 1, 2022 and thereafter, any medical marijuana cultivator licensed or |
| approved pursuant to the provisions of § 21-28.6-16, upon payment of an additional license fee, |
| shall be permitted to cultivate, manufacture and process cannabis as a hybrid cannabis cultivator |
| for both adult use and medical use. The amount of the additional license fee shall be determined by |
| the office of cannabis regulation during the transitional period established by § 21-28.11-10 and |
| shall be subject to review by the commission pursuant to the final rules and regulations. The fee |
| shall be deposited in the social equity fund established in § 21-28.11-31. Sale of the cultivated |
| cannabis shall be made directly to a licensee pursuant to the provisions of this chapter and chapter |
| 28.6 of this title, subject to the following conditions: |
| (1) The cultivator must be in good standing and maintain the cultivator license pursuant to |
| the provisions of chapter 28.6 of this title; and |
| (2) The cultivator must make good faith efforts to ensure the adult use cannabis production |
| portion of the cultivation operation has no significant adverse effect on the medical marijuana |
| program and patient needs. |
| (c) During the moratorium pursuant to this section, the commission, with the assistance of |
| the advisory board, as required, shall submit a report to the general assembly which evaluates the |
| cultivation of adult use and medical cannabis. The report shall consider factors, including, but not |
| limited to: |
| (1) Cultivation and production history; |
| (2) Tax payment history; |
| (3) Existing inventory and inventory history; |
| (4) Sales contracts; |
| (5) Current and future projected market conditions; and |
| (6) Any other factors relevant to ensuring responsible cultivation, production, and |
| inventory management for both medical and adult use cannabis. |
| (d) Upon expiration of the moratorium pursuant to this section, the commission may adopt |
| rules and regulations authorizing issuance of additional cultivator licenses; provided, however, a |
| new cultivator licensee’s canopy shall not exceed ten thousand square feet (10,000 ft2). In |
| determining whether to issue additional cultivator licenses, the cannabis control commission shall |
| consider the findings of the report submitted pursuant to subsection (c) of this section. |
| (e) For the purposes of this section, “canopy” means the total surface area within a |
| cultivation area that is dedicated to the cultivation of mature cannabis plants. The surface area of |
| the canopy must be calculated in square feet and measured using the outside boundaries of the area |
| and must include all of the area within the boundaries. If the surface area of the canopy consists of |
| noncontiguous areas, each component area must be separated by identifiable boundaries. If a tiered |
| or shelving system is used in the cultivation area, the surface area of each tier or shelf must be |
| included in calculating the area of the canopy. The canopy does not include the areas within the |
| cultivation area that are used to cultivate immature cannabis plants and seedlings and that are not |
| used at any time to cultivate mature cannabis plants. |
| (f) To qualify for issuance of any cannabis cultivator license under subsection (d) of this |
| section, an applicant shall satisfy all requirements and qualifications established by the commission |
| to include but not limited to, the following: |
| (1) Apply for a license in a manner prescribed by the commission; |
| (2) Provide proof that the applicant is twenty-one (21) years of age or older and is a resident |
| of the state with a valid form of government issued identification; |
| (3) Undergo a criminal record background check pursuant to § 21-28.11-12.1 and on any |
| terms established by the commission; |
| (4) Provide proof that the applicant is current with and in compliance with all obligations |
| required by the division of taxation, including filings and payment of taxes; |
| (5) Has provided a nonrefundable application fee as determined by the commission; |
| (6) Shall consent and be subject to inspections by the commission for the purposes of |
| ensuring and enforcing compliance with this chapter and all rules and regulations promulgated |
| pursuant to this chapter; and |
| (7) Prior to the issuance of any license and for any period of renewal, the applicant shall |
| submit an annual license fee pursuant to subsection (b) of this section to be deposited in the social |
| equity fund established in § 21-28.11-31. |
| (g) The commission may determine and adjust the application fee or annual license fee |
| pursuant to the commission’s rulemaking authority and in accordance with the provisions of chapter |
| 35 of title 42. |
| (h) Every individual cannabis plant possessed by a licensed cannabis cultivator shall be |
| catalogued in a seed-to-sale inventory tracking system. The commission shall review the current |
| seed-to-sale tracking system utilized pursuant to chapter 28.6 of this title and promulgate new or |
| additional regulations, as it deems appropriate. As of December 1, 2022, any cannabis tags issued |
| to provide seed-to-sale inventory and tracking shall be issued without charge to patient cardholders |
| and/or primary caregivers authorized to grow medical cannabis. |
| (i) Notwithstanding any other provisions of the general laws, the manufacture of cannabis |
| using a solvent extraction process that includes the use of a compressed, flammable gas as a solvent |
| by a licensed cannabis cultivator shall not be subject to the protections of this chapter. |
| (j) Cannabis cultivators shall sell cannabis only to an entity licensed pursuant to the |
| provisions of this chapter or chapter 28.6 of this title. |
| (k) Cannabis cultivators shall be licensed to grow cannabis only at a location or locations |
| registered with and approved by the cannabis commission. The commission may promulgate |
| regulations governing locations where cultivators are authorized to grow. Cannabis cultivators shall |
| abide by all local ordinances, including zoning ordinances. |
| (l) As a condition of licensing, cannabis cultivators shall consent and be subject to |
| inspection by the commission for the purposes of ensuring and enforcing compliance with this |
| chapter and chapter 28.6 of this title, all rules and regulations promulgated pursuant to this chapter, |
| and the provisions of § 28-5.1-14. |
| (m) Persons issued cultivator licenses shall be subject to the following: |
| (1) A licensed cannabis cultivator shall notify and request approval from the commission |
| of any change in his or her name or address within ten (10) days of the change. A licensed cannabis |
| cultivator who fails to notify the commission of any of these changes shall be subject to an |
| administrative fine of no more than one hundred fifty dollars ($150), or other penalty as determined |
| by the commission. |
| (2) When a licensed cannabis cultivator notifies the commission of any changes listed in |
| this subsection, the commission shall issue the licensed cannabis cultivator a new license |
| identification document after the commission approves the changes and receives from the licensee |
| payment of a fee specified in regulations. |
| (3) If a licensed cannabis cultivator loses his or her license or certification document, he or |
| she shall notify the commission and submit a fee specified in regulation within ten (10) days of |
| losing the document. The commission shall issue a new license document with a new random |
| identification number, upon receipt of payment of a fee promulgated in the rules and regulations |
| not to exceed the amount of one hundred dollars ($100). |
| (4) A licensed cannabis cultivator has a continuing duty to notify the commission of any |
| criminal conviction(s) that occurs after the issuance of a license or registration. A criminal |
| conviction may not automatically result in suspension or revocation of a license, but shall be subject |
| to § 21-28.11-12.1. The commission may suspend and/or revoke his or her license after the |
| notification, pending a final determination of disqualification pursuant to § 21-28.11-12.1. |
| (5) If a licensed cannabis cultivator violates any provision of this chapter or regulations |
| promulgated hereunder as determined by the commission, his or her issued license may be |
| suspended and/or revoked. |
| (n) Immunity. |
| (1) No licensed cannabis cultivator shall be subject to: arrest; prosecution; search or |
| seizure, except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27 and subsection (f)(6) of |
| this section; 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 chapter, chapter 28.6 of this title and rules and |
| regulations promulgated by the commission. |
| (2) No principal officers, board members, agents, volunteers, or employees of a licensed |
| cannabis cultivator shall be subject to arrest; prosecution; search or seizure, except as authorized |
| pursuant to §§ 21-28.11-20 and 21-28.11-27 and subsection (f)(6) of this section; 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 licensed cannabis cultivator to engage in acts permitted by this chapter, chapter 28.6 of |
| this title and rules and regulations promulgated by the commission. |
| (3) No state employee or commission member shall be subject to arrest; prosecution; search |
| or seizure, except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27; 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 chapter, chapter 28.6 of this title and rules and regulations promulgated by the |
| commission, and the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this section. |
| (o) Nothing in this section shall be construed as authorizing a cannabis cultivator to transfer |
| or sell cannabis directly to a consumer. A direct sale or transfer from a cannabis cultivator to a |
| consumer is prohibited and shall be grounds for revocation of license and criminal prosecution. |
| (p) A cannabis cultivator and all agents and employees of the cannabis cultivator shall |
| comply with all rules adopted by the commission and other applicable laws. |
| (q) No cannabis or cannabis product shall be sold or otherwise marketed pursuant to this |
| chapter that has not first been tested by a cannabis testing laboratory and determined to meet the |
| commission’s testing protocols issued pursuant to § 21-28.11-11. Cannabis cultivators shall be |
| subject to any regulations promulgated by the commission that specify how marijuana shall be |
| tested, including, but not limited to, potency, cannabinoid profile and contaminants. Cannabis |
| cultivators shall be subject to any product labeling requirements promulgated by the commission |
| or otherwise required by law. |
| (r) License required. No person or entity shall engage in activities described in this section |
| without a cultivator license issued pursuant to this chapter. |
| 21-28.11-9. Cannabis product manufacturer or wholesaler. |
| (a) A cannabis product manufacturer or processor or wholesaler that does not hold a |
| cannabis cultivator’s license shall have a cannabis product manufacturer’s license issued by the |
| commission. A cannabis product manufacturer licensee may purchase cannabis from cultivators for |
| processing and shall only transfer or sell cannabis products to other entities licensed pursuant to |
| this chapter or chapter 28.6 of this title. A cannabis product manufacturer’s licensee or processor |
| or wholesaler shall report to the commission, pursuant to regulations, the purchase or acquisition |
| and the sale or transfer of all cannabis and cannabis products. |
| (b) To qualify and hold a cannabis product manufacturer’s license under this section the |
| applicant shall satisfy all qualifications established by the commission to include, but not be limited |
| to the following: |
| (1) Apply for a license in a manner prescribed by the commission; |
| (2) Provide proof that the applicant is twenty-one (21) years of age or older and is a resident |
| of the state with a valid form of government issued identification; |
| (3) Undergo a criminal record background check pursuant to § 21-28.11-12.1 and on any |
| terms established by the commission; |
| (4) Provide proof that the applicant is current and in compliance with all obligations for |
| filings and payments for taxes with the division of taxation; |
| (5) Has provided a nonrefundable application fee as determined by the commission and |
| promulgated by rules and regulations; and |
| (6) Prior to issuance of any license and for any period of renewal, the applicant shall submit |
| an annual license fee as determined by the commission and promulgated by rules and regulations |
| to be deposited in the social equity fund established in § 21-28.1-31. |
| (c) A cannabis product manufacturer or processor or wholesaler and all agents and |
| employees shall comply with all rules adopted by the commission and all applicable laws. |
| (d) The commission may adjust the application fee or annual license fee pursuant to the |
| commission’s rulemaking authority and in accordance with the provisions of chapter 35 of title 42. |
| (e) As a condition of licensing, cannabis product manufacturers or processors or |
| wholesalers shall consent and be subject to inspections by the commission for the purposes of |
| ensuring and enforcing compliance with this chapter and all rules and regulations promulgated |
| pursuant to this chapter, and pursuant to the provisions of § 21-28.11-20. |
| (f) Nothing in this section shall be construed as authorizing a cannabis product |
| manufacturer or processor or wholesaler to transfer or sell cannabis to a consumer. A direct sale or |
| transfer from a cannabis product manufacturer licensee to a consumer is prohibited. |
| (g) No cannabis or cannabis product shall be sold or otherwise marketed pursuant to this |
| chapter that has not first been tested by a cannabis testing laboratory and determined to meet the |
| commission’s testing protocols issued pursuant to § 21-28.11-11. |
| (h) Persons issued cannabis product manufacturer’s licenses shall be subject to the |
| following: |
| (1) A licensed cannabis product manufacturer shall notify and request approval from the |
| commission of any change in his or her name or address within ten (10) days of the change. A |
| licensed cannabis product manufacturer who fails to notify the commission of any of these changes |
| shall be subject to an administrative fine of no more than one hundred fifty dollars ($150) or other |
| penalty as determined by the commission. |
| (2) When a licensed cannabis product manufacturer notifies the commission of any changes |
| listed in this subsection, the commission shall issue the licensed cannabis product manufacturer a |
| new registry identification document after the department approves the changes and receives from |
| the licensee payment of a fee specified in regulation. |
| (3) If a licensed cannabis product manufacturer loses his or her document, he or she shall |
| notify the commission and submit a fee specified in regulation not to exceed one hundred dollars |
| ($100), within ten (10) days of losing the document. The commission shall issue a new license with |
| a new random identification number. |
| (4) A licensed cannabis product manufacturer has a continuing duty to notify the |
| commission of any criminal conviction(s) that occurs after the issuance of a license or registration. |
| A criminal conviction relating solely to a cannabis offense shall not automatically result in |
| suspension or revocation of a license, but shall be subject to § 21-28.11-12.1. |
| (5) If a licensed cannabis product manufacturer violates any provision of this chapter or |
| regulations promulgated hereunder as determined by the commission, his or her issued license may |
| be suspended and/or revoked in addition to any other enforcement action. |
| (i) Immunity. |
| (1) No licensed cannabis product manufacturer or wholesaler shall be subject to: arrest; |
| prosecution; search or seizure, except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27 |
| and by subsection (e) of this section; 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 chapter, chapter |
| 28.6 of this title and rules and regulations promulgated by the commission. |
| (2) No principal officers, board members, agents, volunteers, or employees of a licensed |
| cannabis product manufacturer or wholesaler shall be subject to arrest; prosecution; search or |
| seizure, except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27 and by subsection (e) of |
| this section; 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 licensed cannabis product manufacturer or wholesaler to |
| engage in acts permitted by this chapter, chapter 28.6 of this title or rules and regulations |
| promulgated by the commission. |
| (3) No state employee or commission member shall be subject to arrest; prosecution; search |
| or seizure, except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27 and by subsection (e) |
| of this section; 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 chapter, chapter 28.6 of this title and rules and regulations |
| promulgated by the commission, and the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to |
| this section. |
| 21-28.11-10.2. Cannabis retail sales. |
| (a) In addition to the hybrid cannabis retailer certificates that may be issued pursuant to the |
| provisions of this chapter, after issuance of the final rules and regulations, the commission may |
| grant twenty-four (24) retail licenses, subject to the following restrictions: |
| (1) The retail licenses shall be issued pursuant to geographic zones as specified in § 21- |
| 28.11-10.3. |
| (2) No more than four (4) retail licenses exclusive of any hybrid cannabis retail certificate |
| shall be permitted in each geographic zone; and |
| (3) Of the four (4) retail licenses in each geographic zone: |
| (i) One shall be reserved for a workers’ cooperative applicant; and |
| (ii) One shall be reserved for a social equity applicant. |
| (b) Minimum qualifications. To qualify for issuance of a cannabis retail sales license |
| under this section, an applicant shall satisfy all qualifications established by the commission to |
| include, but not be limited to, the following: |
| (1) Apply for a license in a manner prescribed by the commission; |
| (2) Provide proof that the applicant is twenty-one (21) years of age or older and is a resident |
| of the state with a valid form of government issued identification; |
| (3) Undergo a criminal record background check pursuant to § 21-28.11-12.1 and on any |
| terms established by the commission; |
| (4) Provide proof that the applicant is current and in compliance with all obligations for |
| filings and payments for taxes with the division of taxation; |
| (5) Demonstrate that the proposed location for the retail sale of cannabis complies with |
| provisions of municipal zoning and regulations or has been approved by the municipality; |
| (6) Paid a nonrefundable application fee as determined by the commission and promulgated |
| by rules and regulations; and |
| (7) Prior to issuance of any license and for any period of renewal, the applicant shall pay |
| an annual fee of thirty thousand dollars ($30,000) to be deposited in the social equity fund |
| established in § 21-28.11-31. |
| (c) Compliance. A cannabis retail sales licensee and all agents and employees shall comply |
| with all rules adopted by the commission and all applicable laws to include, but not limited to, |
| chapter 5 of title 28 (the “fair employment practices act”). |
| (d) Inspection. As a condition of licensing and pursuant to § 21-28.11-20, cannabis |
| retailers shall consent and be subject to inspections by the commission or designated personnel for |
| the purposes of ensuring and enforcing compliance with this chapter, all rules and regulations |
| promulgated pursuant to this chapter and all other applicable law, to include, but not be limited to, |
| the provisions of title 44 (“taxation”), chapter 28 of this title (the “uniform controlled substance |
| act”), and chapter 5 of title 28 (the “fair employment practices act”). |
| (e) Testing. No cannabis or cannabis product shall be sold or otherwise marketed pursuant |
| to this chapter that has not first been collected and tested by a cannabis testing laboratory and found |
| to meet the testing protocols issued pursuant to regulations promulgated by the department of health |
| and determined to meet the commission’s testing protocols issued pursuant to § 21-28.11-11. |
| (f) Minimum requirements. Persons issued cannabis retail licenses shall be subject to the |
| following: |
| (1) A licensed cannabis retailer shall notify and request approval from the commission of |
| any change in his or her name or address within ten (10) days of the change. A licensed cannabis |
| retailer who fails to notify the commission of any of these changes shall be subject to an |
| administrative fine of no more than one hundred fifty dollars ($150) or other penalty as determined |
| by the commission; |
| (2) When a licensed cannabis retailer notifies the commission of any changes listed in this |
| subsection, the commission shall issue the licensed cannabis retailer a new license identification |
| document after the commission approves the changes and receives from the licensee payment of a |
| fee specified in regulation; |
| (3) If a licensed cannabis retailer loses his or her license document, he or she shall notify |
| the commission and submit a fee specified in regulation within ten (10) days of losing the |
| document. The commission shall issue a new license document with a new random identification |
| number upon payment of a fee promulgated in the rules and regulations not to exceed one hundred |
| dollars ($100); |
| (4) A licensed cannabis retailer has a continuing duty to notify the commission of any |
| criminal conviction(s) that occurs after the issuance of a license or registration. A criminal |
| conviction shall not automatically result in suspension or revocation of a license, but shall be |
| subject to the provisions § 21-28.11-12.1; |
| (5) If a licensed cannabis retailer violates any provision of this chapter or regulations |
| promulgated hereunder as determined by the commission, his or her issued license may be |
| suspended and/or revoked. |
| (g) Immunity. |
| (1) No licensed cannabis retailer shall be subject to: arrest; prosecution; search or seizure, |
| except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27 and by subsection (d) of this |
| section; 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 chapter and rules and regulations promulgated by |
| the commission. |
| (2) No principal officers, board members, agents, volunteers, or employees of a licensed |
| cannabis retailer shall be subject to arrest; prosecution; search or seizure, except as authorized |
| pursuant to §§ 21-28.11-20 and 21-28.11-27 and by subsection (d) of this section; 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 licensed cannabis retailer to engage in acts permitted by this chapter and rules and |
| regulations promulgated by the commission. |
| (3) No state employee or commission member shall be subject to arrest; prosecution; search |
| or seizure, except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27 and by subsection (d) |
| of this section; 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 chapter and rules and regulations promulgated by the |
| commission, and the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this section. |
| 21-28.11-11. Cannabis testing laboratories — Licensure and oversight. |
| (a) In consultation with the department of health, the commission shall have authority to |
| promulgate regulations to create and implement all licenses involving cannabis reference testing |
| requirements, including approval of laboratory proficiency programs and proficiency sample |
| providers, quality assurance sample providers, round robin testing and regulations establishing |
| quality control and test standardization, and create and implement additional types and classes of |
| licensed cannabis testing facilities in accordance with regulations promulgated hereunder. |
| (b)(1) The regulations promulgated by the commission shall at a minimum provide for the |
| licensure and oversight of cannabis testing laboratories, and shall establish testing protocols for the |
| sampling, testing and analysis of cannabis, finished cannabis and cannabis products in consultation |
| with the department of health. Such regulations shall be based on the most recent standards as |
| issued by the United States Pharmacopeial Convention and shall address sampling and analysis to |
| characterize the cannabinoid profile and biological and chemical contaminants, including, but not |
| limited to, pesticides, herbicides, plant growth regulators, metals, microbiological contaminants, |
| and residual solvents introduced through cultivation of cannabis plants and post-harvest processing |
| and handling of cannabis, cannabis products and ingredients. |
| (2) No cannabis or cannabis product shall be sold or otherwise marketed pursuant to this |
| chapter that has not first been tested by a cannabis testing laboratory and determined to meet the |
| commission’s testing protocols issued pursuant to subsection (a) of this section. |
| (3) A licensed cannabis testing laboratory shall transport, store, possess, and test cannabis |
| in compliance with regulations promulgated by the commission. Nothing in this section shall be |
| construed as authorizing a cannabis testing laboratory to transfer or sell cannabis to a consumer. A |
| direct sale or transfer from a cannabis testing laboratory licensee to a consumer is prohibited. |
| (4) A cannabis testing laboratory shall report any results indicating contamination to the |
| commission, the department of health and the department of environmental management within |
| forty-eight (48) hours of identification. |
| (5) No laboratory agent or employee of a cannabis testing laboratory shall receive direct or |
| indirect financial compensation, other than such reasonable contractual fees to conduct such testing, |
| from any entity for which it is conducting testing pursuant to this chapter. |
| (6) No individual who possesses an interest in or is a laboratory agent employed by a |
| cannabis testing laboratory, and no immediate family member of that individual, shall possess an |
| interest in or be employed by a cultivator, product manufacturer or retail cannabis establishment. |
| (c) To qualify for issuance of a cannabis testing laboratory license under this section, an |
| applicant shall satisfy all qualifications established by the commission to include, but not be limited |
| to, the following: |
| (1) Apply for a license in a manner prescribed by the commission; |
| (2) Provide proof that the applicant is twenty-one (21) years of age or older and is a resident |
| of the state with a valid form of government issued identification; |
| (3) Undergo a criminal record background check pursuant to § 21-28.11-12.1 and on any |
| terms established by the commission; |
| (4) Provide proof that the applicant is current and in compliance with all obligations for |
| filings and payments for taxes with the division of taxation; |
| (5) Provide a nonrefundable application fee as determined by the commission and |
| promulgated by rules and regulations and apply for a testing license from the commission prior to |
| testing, processing or transporting cannabis; and |
| (6) Prior to the issuance of any license and for any period of renewal, the applicant shall |
| submit an annual license fee as determined by the commission and promulgated by rules and |
| regulations. |
| (d) Cannabis testing laboratories shall be responsible for ensuring the following, as related |
| to laboratory agents: |
| (1) A laboratory agent shall be registered with the commission prior to volunteering or |
| working at a cannabis testing laboratory; |
| (2) A cannabis testing laboratory shall apply to the commission for a registration document |
| for each affiliated laboratory agent by submitting, at a minimum, the name, address, and date of |
| birth of the laboratory agent; |
| (3) A laboratory agent shall undergo a criminal background check pursuant to § 21-28.11- |
| 12.1 and on terms established by the commission, prior to volunteering or working at a cannabis |
| testing laboratory. Laboratory agents shall also have a continuing duty to notify the commission of |
| any criminal conviction(s) that occur after the issuance of a registration document. A criminal |
| conviction shall not automatically result in suspension or revocation of registration, but shall be |
| subject to § 21-28.11-12.1; and |
| (4) A cannabis testing laboratory shall notify the commission within one business day if a |
| laboratory agent ceases to be associated with the laboratory, and the laboratory agent’s registration |
| document shall be immediately revoked. |
| (e) A cannabis testing laboratory and all agents and employees shall comply with all rules |
| adopted by the commission and all applicable laws. |
| (f) As a condition of licensing and pursuant to the provisions of § 21-28.11-20, cannabis |
| testing laboratories shall consent and be subject to inspection by the commission or personnel |
| designated by the commission for the purposes of ensuring and enforcing compliance with this |
| chapter and all rules and regulations promulgated pursuant to this chapter, to include, but not be |
| limited to, the provisions of chapter 5 of title 28 (the “fair employment practices act”). |
| (g) Persons issued cannabis testing laboratory licenses shall be subject to the following: |
| (1) A licensed cannabis testing laboratory shall notify and request approval from the |
| commission of any change in his or her name or address within ten (10) days of the change. A |
| licensed cannabis testing laboratory who fails to notify the commission of any of these changes |
| shall be subject to an administrative fine of no more than one hundred fifty dollars ($150) or other |
| penalty as determined by the commission. |
| (2) When a licensed cannabis testing laboratory notifies the commission of any changes |
| listed in this subsection, the commission shall issue the licensed cannabis testing laboratory a new |
| registry identification document after the department approves the changes and receives from the |
| licensee payment of a fee specified in regulation. |
| (3) If a licensed cannabis testing laboratory loses his or her license document, he or she |
| shall notify the commission and submit a fee specified in regulation not to exceed the amount of |
| one hundred dollars ($100), within ten (10) days of losing the license document. The commission |
| shall issue a new license with a new random identification number. |
| (4) A licensed cannabis testing laboratory has a continuing duty to notify the commission |
| of any criminal conviction(s) of a laboratory licensee or agent that occurs after the issuance of a |
| license or registration. A criminal conviction relating solely to a cannabis offense shall not |
| automatically result in suspension or revocation of a license, but shall be subject to § 21-28.11- |
| 12.1. |
| (5) If a licensed cannabis testing laboratory violates any provision of this chapter or |
| regulations promulgated hereunder as determined by the commission, his or her issued license may |
| be suspended and/or revoked. |
| (h) Immunity. |
| (1) No licensed cannabis testing laboratory licensee or agent shall be subject to: arrest; |
| prosecution; search or seizure, except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27 |
| and by subsection (f) of this section; 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 chapter, chapter |
| 28.6 of this title and the rules and regulations promulgated by the commission. |
| (2) No principal officers, board members, agents, volunteers, or employees of a licensed |
| cannabis testing laboratory shall be subject to arrest; prosecution; search or seizure, except as |
| authorized pursuant to §§ 21-28.11-20 and 21-28.11-27 and by subsection (f) of this section; 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 licensed cannabis cultivator to engage in acts permitted by this chapter, |
| chapter 28.6 of this title and the rules and regulations promulgated by the commission. |
| (3) No state employee or commission member shall be subject to arrest; prosecution; search |
| or seizure, except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27 and by subsection (f) |
| of this section; 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 chapter, chapter 28.6 of this title and the rules and regulations |
| promulgated by the commission. The provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this |
| section. |
| 21-28.11-12.1. Criminal record information — Permitted use. |
| (a) The commission shall require all applicants for license and registration under this |
| chapter to undergo a national criminal background check prior to issuing any license or registration. |
| The applicant shall apply to the bureau of criminal identification of the department of attorney |
| general, department of public safety division of state police, or local police department for a |
| national background check that shall include fingerprints submitted to the Federal Bureau of |
| Investigation. Upon the discovery of any criminal record information, the bureau of criminal |
| identification of the department of attorney general, department of public safety division of state |
| police, or the local police department shall inform the applicant, in writing, of the nature of the |
| criminal record information. The bureau of criminal identification of the department of attorney |
| general, department of public safety division of state police, or the local police department shall |
| also inform the commission, in writing, of the nature of the criminal record information. In those |
| situations in which no criminal record information has been found, the bureau of criminal |
| identification of the department of attorney general, department of public safety division of state |
| police, or the local police department shall inform the applicant and the commission, in writing, of |
| this fact. The applicant shall be responsible for any expense associated with the national |
| background check. |
| (b) All applicants for license or registration have a duty to truthfully and fully disclose prior |
| criminal convictions to the commission and any information the commission requests related to |
| said convictions. If issued a license or registration by the commission, licensees have a continuing |
| duty to truthfully and fully disclose any subsequent criminal convictions to the commission, along |
| with any information the commission requests related to said convictions. Failure to do so may |
| result in the denial, suspension, or revocation of a license or registration, and criminal prosecution |
| pursuant to § 21-28.11-27 and/or other applicable law. |
| (c) “Conviction” as used throughout this chapter shall have the same meaning as set forth |
| in § 21-28.6-6(g). |
| (d) No person shall be automatically disqualified to practice, pursue, or engage in any |
| business or activity licensed or registered by the commission pursuant to the provisions of this |
| chapter, solely relating to a prior conviction of a cannabis or marijuana possession crime or crimes |
| unless: |
| (1) The underlying crime or crimes involved the distribution of a controlled substance, |
| including cannabis or marijuana, to a minor; or |
| (2) The underlying crime or crimes substantially relates to the occupation to which the |
| license or registration applies. Any other state law to the contrary will be superseded by this |
| provision. |
| (e) No occupational license or registration issued by the commission shall be suspended or |
| revoked, solely or in part, because of a prior or subsequent possession of cannabis or marijuana |
| offense conviction of a crime or crimes unless the underlying crime or crimes substantially relate |
| to the occupation to which the license or registration applies. Any other state law to the contrary |
| will be superseded by this provision. |
| (f) A person who has been convicted of a crime may be disqualified to practice, pursue or |
| engage in any business activity licensed by the commission pursuant to this chapter or chapter 28.6 |
| of this title if the commission determines that the circumstances of the conviction are substantially |
| related to the occupation for which the license or registration is sought. In determining if a |
| conviction substantially relates to the occupation for which the license or registration is sought, the |
| commission shall consider: |
| (1) The state’s legitimate interest in protecting the property and the safety and welfare of |
| specific individuals or the general public; |
| (2) The relationship of the crime or crimes to the ability, capacity, and fitness required to |
| perform the duties and discharge the responsibilities of the position of employment or occupation; |
| and |
| (3) The state’s legitimate interest in equal access to employment for individuals who have |
| had past contact with the criminal justice system. |
| (g) A person who has been convicted of a crime or crimes that substantially relates to the |
| occupation for which a license is sought may not be automatically disqualified from the occupation |
| if the person can establish by competent evidence, satisfactory in the discretion of the commission, |
| of sufficient rehabilitation and present fitness to perform the duties of the occupation for which the |
| license is sought. The commission shall consider the time elapsed since the conviction when |
| determining sufficient rehabilitation, as well as any evidence presented by the applicant regarding: |
| (1) Completion of a period of at least two (2) years after release from imprisonment, or at |
| least two (2) years after the sentencing date for a probation sentence or suspended sentence not |
| accompanied by incarceration, without subsequent conviction or pending criminal charge; |
| (2) The nature, seriousness, and relevance of the crime or crimes for which convicted; |
| (3) All circumstances relative to the crime or crimes, including mitigating circumstances |
| surrounding the commission of the crime or crimes; |
| (4) The age of the person at the time the crime or crimes were committed; |
| (5) Claims that the criminal record information is in error or inadmissible; and |
| (6) All other competent evidence of rehabilitation and present fitness presented, including, |
| but not limited to, letters of reference by persons who have been in contact with the applicant since |
| the applicant’s release from any state or federal correctional institution. |
| (h) The following criminal records may not be used in connection with any application for |
| a license or registration submitted pursuant to the provisions of this chapter: |
| (1) Juvenile adjudications; |
| (2) Records of arrest not followed by a conviction; |
| (3) Convictions that have been, pursuant to law, annulled or expunged; |
| (4) Misdemeanor convictions for which no jail sentence can be imposed; or |
| (5) A conviction that does not substantially relate to the occupation for which the license |
| or registration is sought, as determined by subsection (f) of this section. |
| (i) If the commission intends to deny, suspend, or revoke an occupational license, permit, |
| or registration solely or in part because of the individual’s prior conviction of a crime that is |
| determined to be substantially related to the occupation for which the license or registration applies, |
| the commission shall notify the individual in writing of the following prior to the final decision: |
| (1) The specific conviction(s) that forms the basis for the potential denial, suspension, or |
| revocation and the rationale for deeming the conviction substantially related to the occupation or |
| activity; |
| (2) A copy of the conviction history report, if any, on which the commission relies; |
| (3) A statement that the applicant may provide evidence of mitigation or rehabilitation, as |
| described in subsection (g) of this section; and |
| (4) Instructions on how to respond to the potential denial, suspension, or revocation. |
| (j) After receiving the notice of potential denial, suspension, or revocation, the individual |
| shall have thirty (30) business days to respond. |
| (k) If the commission denies, suspends, or revokes a license or registration solely or in part |
| because of the applicant’s substantially related conviction, the commission shall issue a final |
| written decision that addresses the following: |
| (1) The specific conviction(s) that form the basis for the denial, suspension, or revocation |
| and the rationale for deeming the conviction(s) substantially related to the occupation or activity; |
| (2) A copy of the conviction history report, if any, on which the commission relies; |
| (3) The process for appealing the decision in accordance with chapter 35 of title 42; and |
| (4) The earliest date the person may reapply for license or registration which shall not be |
| longer than two (2) years from the date of the final decision. |
| (l) Notwithstanding any general or special law to the contrary, except as otherwise provided |
| in this chapter, any prior conviction for a cannabis crime that has been decriminalized, or is eligible |
| for expungement pursuant to the provisions of this chapter under this chapter, or an offense from |
| another jurisdiction that is equivalent to an offense that has been decriminalized under this chapter |
| cannot serve as grounds, either solely or in part, for denial, suspension or revocation of a license or |
| registration pursuant to this chapter. |
| (m) The commission shall adopt rules and regulations establishing standards and |
| procedures consistent with the provisions of this section. |
| 21-28.11-17. No right to license. |
| (a) Nothing contained in this chapter shall be construed as establishing a right in any person |
| or entity to be issued a license, certification or certificate pursuant to this chapter. |
| (b) The commission shall exercise discretion to issue licenses and certificates to further the |
| purposes of this chapter and may deny any application, suspend an application period, impose |
| moratoriums on applications and/or issuance of licenses to further the purpose of public safety, the |
| orderly administration of cannabis production, distribution and sale and to promote the purposes of |
| this chapter. |
| (c) No appeal for a denial of a license shall be sustained solely on the grounds that the |
| person or entity satisfied the qualifications for issuance of a license. |
| (d) The commission shall not be responsible for amounts expended by any person, |
| applicant or entity in seeking certification or licensure. |
| SECTION 2. Chapter 21-28.11 of the General Laws entitled "The Rhode Island Cannabis |
| Act" is hereby amended by adding thereto the following section: |
| 21-28.11-17.2. Nullification of prior social equity and retail license application |
| processes; Reopening of applications; Limitation on liability. |
| (a) As of the effective date of this section, the social equity certification and license |
| application processes previously run by the commission are hereby rendered null and/or void. |
| (b) Within sixty (60) days following the effective date of this section the commission shall: |
| (1) Commence a new social equity certification process and begin accepting applications |
| to certify social equity applicants. |
| (2) Institute a new retail license application process in accordance with this chapter. The |
| commission shall refund any application fee amounts paid by an applicant for any prior retail |
| license application process rendered null and/or void by this section. |
| (c) The commission shall proceed with the new application, approval, and certification |
| processes for social equity and cannabis retail sales licenses consistent with this chapter and all |
| severable portions of any existing non-conflicting regulations. The commission’s new application, |
| approval, and certification process(es) for social equity and cannabis retail sales licenses are not |
| contingent upon the promulgation of new regulations to the extent those process(es) are compliant |
| with this chapter and severable, non-conflicting portions of existing regulations. Any commission |
| regulations in conflict with this chapter are hereby superseded to the extent of the conflict. |
| (d) No right of action shall exist on the grounds that a person, applicant or entity has |
| previously but no longer satisfies the criteria for approved social equity applicant status. The |
| commission shall in no way be held liable for any amounts paid, costs or damages incurred in |
| connection with any application or certification process rendered null and/or void under this |
| section. |
| (e) No right of action shall exist in connection with social equity certification processes or |
| license application periods rendered null and/or void due to legislative amendment. |
| SECTION 3. This act shall take effect upon passage. |
| ======== |
| LC006430 |
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