2023 -- S 0810

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LC000861

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO FOOD AND DRUGS -- THE EDWARD O. HAWKINS AND THOMAS C.

SLATER MEDICAL MARIJUANA ACT

     Introduced By: Senators Lombardo, DiPalma, Ciccone, Pearson, and Miller

     Date Introduced: March 23, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 21-28.6-3 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:

     21-28.6-3. Definitions.

     For the purposes of this chapter:

     (1) “Authorized purchaser” means a natural person who is at least twenty-one (21) years

old and who is registered with the department of health for the purposes of assisting a qualifying

patient in purchasing marijuana from a compassion center. An authorized purchaser may assist no

more than one patient, and is prohibited from consuming marijuana obtained for the use of the

qualifying patient. An authorized purchaser shall be registered with the department of health and

shall possesses a valid registry identification card.

     (2) “Cannabis” means all parts of the plant of the genus marijuana, also known as marijuana

sativa L. whether growing or not; the seeds thereof; the resin extracted from any part of the plant;

and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds,

or resin regardless of cannabinoid content or cannabinoid potency including “marijuana,” and

“industrial hemp” or “industrial hemp products” which satisfy the requirements of chapter 26 of

title 2.

     (3) “Cannabis testing laboratory” means a third-party analytical testing laboratory licensed

by the department of health, in coordination with the department of business regulation, to collect

and test samples of cannabis.

     (4) “Cardholder” means a person who has been registered or licensed with the department

of health or the department of business regulation pursuant to this chapter and possesses a valid

registry identification card or license.

     (5) “Commercial unit” means a building, or other space within a commercial or industrial

building, for use by one business or person and is rented or owned by that business or person.

     (6)(i) “Compassion center” means a not-for-profit corporation, subject to the provisions of

chapter 6 of title 7, and is licensed under § 21-28.6-12, that acquires, possesses, cultivates,

manufactures, delivers, transfers, transports, supplies, or dispenses medical marijuana, and/or

related supplies and educational materials, to patient cardholders and/or their registered caregiver

cardholder or authorized purchaser.

     (ii) “Compassion center cardholder” means a principal officer, board member, employee,

volunteer, or agent of a compassion center who has registered with the department of business

regulation and has been issued and possesses a valid, registry identification card.

     (7) “Debilitating medical condition” means:

     (i) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune

deficiency syndrome, Hepatitis C, post-traumatic stress disorder, or the treatment of these

conditions;

     (ii) A chronic or debilitating disease or medical condition, or its treatment, that produces

one or more of the following: cachexia or wasting syndrome; severe, debilitating, chronic pain;

severe nausea; seizures, including but not limited to, those characteristic of epilepsy; or severe and

persistent muscle spasms, including but not limited to, those characteristic of multiple sclerosis or

Crohn’s disease; or agitation of Alzheimer’s Disease; or

     (iii) Any other medical condition or its treatment approved by the department of health, as

provided for in § 21-28.6-5.

     (8) “Department of business regulation” means the office of cannabis regulation within the

Rhode Island department of business regulation or its successor agency.

     (9) “Department of health” means the Rhode Island department of health or its successor

agency.

     (10) “Department of public safety” means the Rhode Island department of public safety or

its successor agency.

     (11) “Dried marijuana” means the dried leaves and flowers of the marijuana plant as

defined by regulations promulgated by the department of business regulation.

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     (12) “Dwelling unit” means the room, or group of rooms, within a residential dwelling used

or intended for use by one family or household, or by no more than three (3) unrelated individuals,

with facilities for living, sleeping, sanitation, cooking, and eating.

     (13) “Equivalent amount” means the portion of usable marijuana, be it in extracted, edible,

concentrated, or any other form, found to be equal to a portion of dried marijuana, as defined by

regulations promulgated by the department of business regulation.

     (14) “Immature marijuana plant” means a marijuana plant, rooted or unrooted, with no

observable flower or buds.

     (15) “Licensed medical marijuana cultivator” means a person or entity, as identified in §

43-3-6, who or that has been licensed by the department of business regulation to cultivate medical

marijuana pursuant to § 21-28.6-16.

     (16) “Marijuana” has the meaning given that term in § 21-28-1.02.

     (17) “Marijuana establishment licensee” means any person or entity licensed by the

department of business regulation under this chapter whose license permits it to engage in or

conduct activities in connection with the medical marijuana program. “Marijuana establishment

licensees” shall include compassion centers, medical marijuana cultivators, and cannabis testing

laboratories.

     (18) “Mature marijuana plant” means a marijuana plant that has flowers or buds that are

readily observable by an unaided visual examination.

     (19) “Medical marijuana emporium” means any establishment, facility or club, whether

operated for-profit or nonprofit, or any commercial unit, at which the sale, distribution, transfer, or

use of medical marijuana or medical marijuana products is proposed and/or occurs to, by or among

registered patients, registered caregivers, authorized purchaser cardholders or any other person.

This shall not include a compassion center regulated and licensed by the department of business

regulation pursuant to the terms of this chapter.

     (20) “Medical marijuana” means marijuana and marijuana products that satisfy the

requirements of this chapter and have been given the designation of “medical marijuana” due to

dose, potency, form. Medical marijuana 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 this chapter. Medical marijuana may not be sold to,

possessed by, manufactured by, or used except as permitted under this chapter.

     (21) “Medical marijuana plant tag set” or “plant tag” means any tag, identifier, registration,

certificate, or inventory tracking system authorized or issued by the department or which the

department requires be used for the lawful possession and cultivation of medical marijuana plants

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in accordance with this chapter.

     (22) “Medical use” means the acquisition, possession, cultivation, manufacture, use,

delivery, transfer, or transportation of medical marijuana or paraphernalia relating to the

consumption of marijuana to alleviate a patient cardholder’s debilitating medical condition or

symptoms associated with the medical condition in accordance with the provisions of this chapter.

     (23) “Practitioner” means a person who is licensed with authority to prescribe drugs

pursuant to chapters 34, 37, and 54 of title 5, who may provide a qualifying patient with a written

certification in accordance with regulations promulgated by the department of health.

     (24) “Primary caregiver” means a natural person who is at least twenty-one (21) years old

who is registered under this chapter in order to, and who may assist one qualifying patient, but no

more than five (5) qualifying patients, with their medical use of marijuana, provided that a qualified

patient may also serve as his or her own primary caregiver subject to the registration and

requirements set forth in § 21-28.6-4.

     (25) “Qualifying patient” means a person who has been certified by a practitioner as having

a debilitating medical condition and is a resident of Rhode Island or an animal who has been

certified by a veterinary practitioner as having a debilitating medical condition.

     (26) “Registry identification card” means a document issued by the department of health

or the department of business regulation, as applicable, that identifies a person as a registered

qualifying patient, a registered primary caregiver, or authorized purchaser, or a document issued

by the department of business regulation that identifies a person as a registered principal officer,

board member, employee, volunteer, or agent of a compassion center, licensed medical marijuana

cultivator, cannabis testing lab, or any other medical marijuana licensee.

     (27) “Unusable marijuana” means marijuana seeds, stalks, and unusable roots and shall not

count towards any weight-based possession limits established in this chapter.

     (28) “Usable marijuana” means the leaves and flowers of the marijuana plant, and any

mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant.

     (29) "Veterinary practitioner" means a person licensed to practice veterinary medicine

pursuant to chapter 25 of title 5, who may provide a qualifying patient with a written certification

in accordance with regulations promulgated by the department of health.

     (29)(30) “Wet marijuana” means the harvested leaves and flowers of the marijuana plant

before they have reached a dry state, as defined by regulations promulgated by the department of

health and department of business regulation.

     (30)(31) “Written certification” means a statement signed by a practitioner, stating that, in

the practitioner’s professional opinion, the potential benefits of the medical use of marijuana would

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likely outweigh the health risks for the qualifying patient. A written certification shall be made only

in the course of a bona fide, practitioner-patient relationship after the practitioner has completed a

full assessment of the qualifying patient’s medical history. The written certification shall specify

the qualifying patient’s debilitating medical condition or conditions which may include the

qualifying patient’s relevant medical records.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS -- THE EDWARD O. HAWKINS AND THOMAS C.

SLATER MEDICAL MARIJUANA ACT

***

     This act would expand the definition of "qualifying patient" to include any animal having

a debilitating medical condition as determined by a veterinarian for purposes of a recommendation

for medical marijuana.

     This act would take effect upon passage.

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