2025 -- H 5630

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO FOOD AND DRUGS -- COMPASSIONATE ACCESS TO MEDICAL

CANNABIS ACT

     Introduced By: Representatives Donovan, Bennett, Speakman, Casimiro, Potter,
Morales, Fogarty, Caldwell, Carson, and Boylan

     Date Introduced: February 26, 2025

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby

amended by adding thereto the following chapter:

CHAPTER 28.12

COMPASSIONATE ACCESS TO MEDICAL CANNABIS ACT

     21-28.12-1. Short title.

     This chapter shall be known and may be cited as the “Compassionate Access to Medical

Cannabis Act”

     21-28.12-2. Legislative purpose.

     It is the purpose of this chapter to support the ability of a terminally ill patient to safely use

medicinal cannabis within specified healthcare facilities in compliance with the terms of the

Edward O. Hawkins and Thomas C. Slater Medical Marijuana act set forth in chapter 28.6 in title

21.

     21-28.12-3. Definitions.

     As used in this chapter, the following words and terms shall have the following meanings

unless the context shall clearly indicate another or different meaning or intent:

     (1) “Healthcare facility” has the same meaning as defined in § 23-15-2. “Healthcare

facility” does not include a chemical dependency recovery facility.

     (2) “Medicinal cannabis” means cannabis or a cannabis product used in compliance with

the Edward O. Hawkins and Thomas C. Slater Medical Marijuana act set forth in chapter 28.6 of

title 21.

     (3) “Patient” means an individual who is terminally ill.

     (4) “Terminally ill” means a medical condition resulting in a prognosis of cessation of life

in one year or less, if the disease follows its natural course.

     21-28.12-4. Terms and conditions to use medical cannabis.

     (a) A healthcare facility shall permit patient use of medical cannabis and shall do all of the

following:

     (1) Prohibit smoking or vaping as methods to use medicinal cannabis;

     (2) Include the use of medicinal cannabis within the patient’s medical records;

     (3) Require a patient to provide the healthcare facility with a copy of the patient’s valid

identification card, as described in §§ 3-8-6 or 3-8-6.1;

     (4) Require a patient to provide the healthcare facility with a copy of their medical

marijuana card or written documentation that the use of medicinal cannabis is recommended by a

physician;

     (5) Reasonably restrict the manner in which a patient stores and uses medicinal cannabis,

including requiring the medicinal cannabis to be stored in a locked container, to ensure the safety

of other patients, guests, and employees of the healthcare facility, compliance with other state laws,

and the safe operations of the healthcare facility; and

     (6) Develop and disseminate written guidelines pursuant to this chapter, for the use of

medicinal cannabis within the healthcare facility.

     (b) This section does not apply to a patient receiving emergency services and care.

     21-28.12-5. Compliance with drug and medication requirements.

     Notwithstanding the classification of medicinal cannabis as a Schedule I drug and any other

law, health facilities permitting patient use of medicinal cannabis shall comply with drug and

medication requirements applicable to Schedule II, III, and IV drugs and shall be subject to

enforcement actions by the department of health.

     21-28.12-6. Limited obligation of health facility.

     This chapter does not require a healthcare facility to provide a patient with a

recommendation to use medicinal cannabis or include medicinal cannabis in a patient’s discharge

plan.

     21-28.12-7. Compliance and limitation.

     (a) Compliance with this chapter shall not be a condition for obtaining, retaining, or

renewing a license as a healthcare facility.

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     (b) This chapter does not reduce, expand, or otherwise modify the laws restricting the

cultivation, possession, distribution, or use of cannabis that may be otherwise applicable.

     21-28.12-8. Federal authority.

     (a) If a federal regulatory agency, the United States Department of Justice (US DOJ), or

the federal Centers for Medicare and Medicaid Services (CMS) takes one of the following actions,

a healthcare facility may suspend compliance with §21-28.12-4 until the regulatory agency, the US

DOJ, or CMS notifies the healthcare facility that it may resume permitting the use of medicinal

cannabis within the facility:

     (1) A federal regulatory agency or the US DOJ initiates enforcement action against a

healthcare facility related to the facility’s compliance with a state-regulated medical marijuana

program; and

     (2) A federal regulatory agency, the US DOJ, or CMS issues a rule or otherwise provides

notification to the healthcare facility that expressly prohibits the use of medical marijuana in

healthcare facilities or otherwise prohibits compliance with a state-regulated medical marijuana

program.

     (b) This section does not permit a healthcare facility to prohibit patient use of medicinal

cannabis due solely to the fact that cannabis is a Schedule I drug pursuant to the federal Uniform

Controlled Substances Act, or other federal constraints on the use of medicinal cannabis that were

in existence prior to the enactment of this chapter.

     21-28.12-9. Severability.

     If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any

court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate

the remainder of the chapter but shall be confined in its operation to the clause, sentence, paragraph,

section, or part directly involved in the controversy in which that judgment shall have been

rendered.

     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 -- COMPASSIONATE ACCESS TO MEDICAL

CANNABIS ACT

***

     This act would require certain healthcare facilities to allow a terminally ill patient’s use of

medicinal cannabis within the healthcare facility, subject to the following restrictions including:

requiring a patient to provide the healthcare facility with an ID and a copy of their medical

marijuana card or written documentation that the use of medicinal cannabis is recommended by a

physician, and requiring a healthcare facility to restrict how a patient stores and uses medicinal

cannabis to ensure the safety of other patients, guests, and employees of the healthcare facility. The

act would also provide that compliance with the bill would not be a condition for obtaining,

retaining, or renewing a license as a healthcare facility.

     The act would authorize a healthcare facility to suspend compliance with these provisions

if a federal agency takes specified actions.

     This act would take effect upon passage.

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