2026 -- H 7716 | |
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LC004932 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
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A N A C T | |
RELATING TO FOOD AND DRUGS -- THE RHODE ISLAND CANNABIS ACT | |
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Introduced By: Representative Scott Slater | |
Date Introduced: February 12, 2026 | |
Referred To: House Corporations | |
(Cannabis Control Commission) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 21-28.11-3 of the General Laws in Chapter 21-28.11 entitled "The |
2 | Rhode Island Cannabis Act" is hereby amended to read as follows: |
3 | 21-28.11-3. Definitions. |
4 | For purposes of this chapter, the following words, terms and phrases shall have the |
5 | following meanings: |
6 | (1) “Administrator” means the administrator of the cannabis office appointed by the |
7 | governor pursuant to the provisions of § 21-28.11-18.1. |
8 | (2) “Adult use cannabis” or “recreational cannabis” means cannabis which may be legally |
9 | possessed and consumed for non-medical purposes by a person who is at least twenty-one (21) |
10 | years of age. |
11 | (3) “Applicant” means a Rhode Island resident or a business entity with a principal place |
12 | of business located in Rhode Island to include, but not limited to, a corporation, limited liability |
13 | company, limited liability partnership or partnership, and in which fifty-one percent (51%) of the |
14 | equity in the business entity is owned by residents of Rhode Island, and the Rhode Island resident |
15 | or business entity has made application for issuance of a license or certificate to own or engage in |
16 | a cannabis business subject to the provisions of this chapter. |
17 | (4) “Cannabinoid’' means any of several compounds produced by cannabis plants that have |
18 | medical and psychotropic effects. |
19 | (5) “Cannabinoid profile” means amounts, expressed as the dry-weight percentages, of |
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1 | delta-9-tetrahydrocannabinol, cannabidiol, tetrahydrocannabinolic acid and cannabidiolic acid in a |
2 | cannabis product expressed in a form and manner determined by the commission. Amounts of other |
3 | cannabinoids may be regulated by the commission. |
4 | (6) “Cannabis” or “marijuana” or “marihuana” means all parts of any plant of the genus |
5 | cannabis not excepted herein, and whether growing or not; the seeds thereof; and resin extracted |
6 | from any part of the plant; and every compound, manufacture, salt, derivative, mixture or |
7 | preparation of the plant, its seeds or resin including tetrahydrocannabinol; provided, however, that |
8 | “cannabis” shall not include: |
9 | (i) The mature stalks of the plant, fiber produced from the stalks, oil, or cake made from |
10 | the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of |
11 | the mature stalks, fiber, oil or cake made from the seeds of the plant or the sterilized seed of the |
12 | plant that is incapable of germination; |
13 | (ii) Hemp; or |
14 | (iii) The weight of any other ingredient combined with cannabis to prepare topical or oral |
15 | administrations, food, drink or other products. |
16 | (7) “Cannabis accessories” or “marijuana accessories” means equipment, products, devices |
17 | or materials of any kind that are intended or designed for use in planting, propagating, cultivating, |
18 | growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, |
19 | testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling or otherwise |
20 | introducing cannabis into the human body. |
21 | (8) “Cannabis advisory board” or “advisory board” means the cannabis advisory board |
22 | established pursuant to the provisions of § 21-28.11-6. |
23 | (9) “Cannabis concentrate” means the resin extracted from any part of the plant of the |
24 | genus cannabis and every compound, manufacture, salt, derivative, mixture or preparation of that |
25 | resin but shall not include the weight of any other ingredient combined with cannabis to prepare |
26 | cannabis products. |
27 | (10) “Cannabis control commission” or “commission” means the Rhode Island cannabis |
28 | control commission established by § 21-28.11-4. |
29 | (11) “Cannabis cultivator” or “marijuana cultivator” means an entity licensed to cultivate, |
30 | process and package cannabis, to deliver cannabis to cannabis establishments and to transfer |
31 | cannabis to other cannabis establishments, but not to consumers. |
32 | (12) “Cannabis establishment” or “marijuana establishment” means a cannabis cultivator, |
33 | cannabis testing laboratory, cannabis product manufacturer, cannabis retailer, hybrid cannabis |
34 | retailer or any other type of licensed cannabis-related business. |
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1 | (13) “Cannabis office” means the office established pursuant to § 21-28.11-18.1. |
2 | (14) “Cannabis product manufacturer” or “marijuana product manufacturer”' means an |
3 | entity licensed to obtain, manufacture, process and package cannabis and cannabis products, to |
4 | deliver cannabis and cannabis products to cannabis establishments and to transfer cannabis and |
5 | cannabis products to other cannabis establishments, but not to consumers. |
6 | (15) “Cannabis products” or “marijuana products” means products that have been |
7 | manufactured and contain cannabis or an extract from cannabis, including concentrated forms of |
8 | cannabis and products composed of cannabis and other ingredients that are intended for use or |
9 | consumption, including edible products, beverages, topical products, ointments, oils and tinctures. |
10 | (16) “Cannabis retailer” or “marijuana retailer” means an entity licensed pursuant to § 21- |
11 | 28.11-10.2 to purchase and deliver cannabis and cannabis products from cannabis establishments |
12 | and to deliver, sell or otherwise transfer cannabis and cannabis products to cannabis establishments |
13 | and to consumers. |
14 | (17) “Cannabis testing laboratory’' means a third-party analytical testing laboratory that is |
15 | licensed annually by the commission, in consultation with the department of health, to collect and |
16 | test samples of cannabis and cannabis products pursuant to regulations issued by the commission |
17 | and is: |
18 | (i) Independent financially from any medical cannabis treatment center or any licensee or |
19 | cannabis establishment for which it conducts a test; and |
20 | (ii) Qualified to test cannabis in compliance with regulations promulgated by the |
21 | commission pursuant to this chapter. The term includes, but is not limited to, a cannabis testing |
22 | laboratory as provided in § 21-28.11-11. |
23 | (18) “Chairperson” means the chairperson of the cannabis control commission established |
24 | pursuant to § 21-28.11-4. |
25 | (19) “Close associate” means a person who holds a legally recognized financial interest in, |
26 | or is entitled to exercise power in, the business of an applicant or licensee and, by virtue of that |
27 | interest or power, is able to exercise a significant influence over the management or operation of a |
28 | cannabis establishment licensed under this chapter. |
29 | (20) “Consumer” means a person who is at least twenty-one (21) years of age, and who is |
30 | authorized by law to consume or use cannabis. |
31 | (21) “Controlling person” means an officer, board member or other individual who has a |
32 | financial or voting interest of ten percent (10%) or greater in a cannabis establishment. |
33 | (22) “Cultivation batch” means a collection of cannabis plants from the same seed or plant |
34 | stock that are cultivated and harvested together, and receive an identical propagation and cultivation |
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1 | treatment, including, but not limited to: growing media, ambient conditions, watering and light |
2 | regimes and agricultural or hydroponic inputs. Every cannabis cultivator licensee shall assign and |
3 | record a unique, sequential alphanumeric identifier to each cultivation batch for the purposes of |
4 | production tracking, product labeling and product recalls. |
5 | (23) “Disproportionately impacted area” means a census tract or comparable geographic |
6 | area that satisfies at least one of the following criteria as determined by the commission, that: |
7 | (i) The area has a poverty rate of at least twenty percent (20%) according to the latest |
8 | federal decennial census; |
9 | (ii) Seventy-five percent (75%) or more of the children in the area participate in the federal |
10 | free lunch program according to reported statistics from the Rhode Island board of education; |
11 | (iii) At least twenty percent (20%) of the households in the area receive assistance under |
12 | the Supplemental Nutrition Assistance Program (SNAP); |
13 | (iv) The area has an average unemployment rate, as determined by the Rhode Island |
14 | department of labor and training, that is more than one hundred twenty percent (120%) of the |
15 | national unemployment average, as determined by the United States Department of Labor, for a |
16 | period of at least two (2) consecutive calendar years preceding the date of the application; or |
17 | (v)(A) The area has disproportionately high rates of arrest, conviction, and incarceration |
18 | related to the sale, possession, use, cultivation, manufacture, or transportation of cannabis in |
19 | comparison to other communities and localities in the state; or |
20 | (B) The area has a history of arrests, convictions, and other law enforcement practices in a |
21 | certain geographic area, such as, but not limited to, precincts, zip codes, neighborhoods, and |
22 | political subdivisions, reflecting a disparate enforcement of cannabis prohibition during a certain |
23 | time period, when compared to the remainder of the state. |
24 | (vi) The commission shall, with recommendations from the cannabis advisory board and |
25 | the chief equity officer, issue guidelines to determine how to assess which communities have been |
26 | disproportionately impacted and how to assess if someone is a member of a community |
27 | disproportionately impacted. |
28 | (24) “Final issuance of the commission’s rules and regulations” means the rules and |
29 | regulations adopted by the commission after compliance with requirements of chapter 35 of title |
30 | 42 (the “administrative procedures act”) and chapter 46 of title 42 (the “open meetings act”) and |
31 | shall not include any emergency, provisional or interim rules, regulations, requirements, orders, |
32 | instructions or procedures. |
33 | (25) “Finished cannabis” means a usable cannabis, cannabis resin or cannabis concentrate. |
34 | (26) “Hemp” means the plant of the genus cannabis or any part of the plant, whether |
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1 | growing or not, with a delta-9-tetrahydrocannabinol concentration that does not exceed three tenths |
2 | of one percent (0.3%) on a dry weight basis of any part of the plant of the genus cannabis, or per |
3 | volume or weight of cannabis product, or the combined per cent of delta-9-tetrahydrocannabinol |
4 | and tetrahydrocannabinolic acid in any part of the plant of the genus cannabis regardless of moisture |
5 | content. |
6 | (27) “Host community” means a municipality in which a cannabis establishment or a |
7 | medical cannabis treatment center is located or in which an applicant has proposed locating a |
8 | cannabis establishment or a medical cannabis treatment center. |
9 | (28) “Hybrid cannabis retailer” or “hybrid compassion center” means a compassion center |
10 | licensed pursuant to chapter 28.6 of this title that is in good standing with the department of business |
11 | regulation and that has paid the fee pursuant to § 21-28.11-10 and has been authorized to sell non- |
12 | medical or adult use cannabis to consumers. |
13 | (29) “Laboratory agent” means a registered employee of a cannabis testing laboratory who |
14 | transports, possesses or tests cannabis. |
15 | (30) “Licensee” means a person or entity licensed by the commission pursuant to the |
16 | provisions of this chapter. Any business structure recognized under title 7, including, but not limited |
17 | to, corporations, partnerships, limited partnerships, limited-liability companies, and workers’ |
18 | cooperatives, which is otherwise qualified, is eligible to be considered by the commission as an |
19 | entity licensee. |
20 | (31) “Manufacture” means to compound, blend, extract, infuse or otherwise make or |
21 | prepare a cannabis product. |
22 | (32) “Medical cannabis” means cannabis and cannabis products that satisfy the |
23 | requirements of chapter 28.6 of this title and have been given the designation of “medical cannabis” |
24 | or “medical marijuana” due to dose, potency and form. Medical cannabis products are only |
25 | available for use by patient cardholders, and may only be sold to or possessed by patient |
26 | cardholders, or their registered caregiver, or authorized purchaser in accordance with chapter 28.6 |
27 | of this title. Medical cannabis may not be sold to, possessed by, manufactured by, or used by any |
28 | person except as permitted pursuant to chapter 28.6 of this title. |
29 | (33) “Medical cannabis treatment center” or “Medical marijuana treatment center” includes |
30 | a compassion center, a medical marijuana emporium, or marijuana establishment licensee who |
31 | operates a treatment center, as defined in § 21-28.6-3. |
32 | (34) “Member of an impacted family” means an individual who has a parent, legal |
33 | guardian, child, spouse, or dependent, or was a dependent of an individual who, prior to the |
34 | effective date of this chapter, was arrested for, charged with, convicted of, or adjudicated delinquent |
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1 | for any offense that is eligible for expungement under this chapter. |
2 | (35) “Ownership and control” means ownership of at least fifty-one percent (51%) of the |
3 | cannabis establishment, and control over the management and day-to-day operations of the |
4 | cannabis establishment, and an interest in the capital, assets, and profits and losses of the cannabis |
5 | establishment proportionate to percentage of ownership. |
6 | (36) “Process” or “processing” means to harvest, dry, cure, trim and separate parts of the |
7 | cannabis plant by manual or mechanical means, except it shall not include manufacture as defined |
8 | in this section. |
9 | (37) “Production batch” means a batch of finished plant material, cannabis resin, cannabis |
10 | concentrate or cannabis-infused product made at the same time, using the same methods, equipment |
11 | and ingredients. The commission shall require licensees to assign and record a unique, sequential |
12 | alphanumeric identifier to each production batch for the purposes of production tracking, product |
13 | labeling and product recalls. All production batches shall be traceable to one or more cannabis |
14 | cultivation batches. |
15 | (38) “Residual solvent” means a volatile organic chemical used in the manufacture of a |
16 | cannabis product and that is not completely removed by practical manufacturing techniques. |
17 | (39) “Social equity applicant” means an applicant that has been disproportionately |
18 | impacted by criminal enforcement of marijuana laws, including individuals convicted of nonviolent |
19 | marijuana offenses, immediate family members of individuals convicted of nonviolent marijuana |
20 | offenses and individuals who have resided in disproportionately impacted areas for at least five (5) |
21 | of the last ten (10) years, as determined by the commission after consultation with the cannabis |
22 | advisory board, and further specified in the rules and regulations that shall identify factors and other |
23 | considerations to be evaluated in certifying applicants as social equity applicants, provided that |
24 | such applicants shall at a minimum meet one of the following criteria: |
25 | (i) An applicant with at least fifty-one percent (51%) ownership and control by one or more |
26 | individuals who have resided for at least five (5) of the preceding ten (10) years in a |
27 | disproportionately impacted area. |
28 | (ii) An applicant with at least fifty-one percent (51%) ownership and control by one or |
29 | more individuals who: |
30 | (A) Have been arrested for, convicted of, or adjudicated delinquent for any offense that is |
31 | eligible for expungement under this chapter; or |
32 | (B) Is a member of an impacted family. |
33 | (iii) For applicants with a minimum of ten (10) full-time employees, an applicant with at |
34 | least fifty-one percent (51%) of current employees who: |
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1 | (A) Currently reside in a disproportionately impacted area; or |
2 | (B) Have been arrested for, convicted of, or adjudicated delinquent for any offense that is |
3 | eligible for expungement under this chapter or is a member of an impacted family. |
4 | (iv) Can demonstrate significant past experience in or business practices that promote |
5 | economic empowerment in disproportionally impacted areas. |
6 | (v) Had income which does not exceed four hundred percent (400%) of the median income, |
7 | as defined by the commission, in a disproportionally impacted area for at least five (5) of the past |
8 | ten (10) years. |
9 | (40) “Terpenoid” means an isoprene that are the aromatic compounds found in cannabis, |
10 | including, but not limited to: limonene, myrcene, pinene, linalool, eucalyptol, Δ-terpinene, ß- |
11 | caryophyllene, caryophyllene oxide, nerolidol and phytol. |
12 | (41) “Unreasonable and impracticable” means that the measures necessary to comply with |
13 | the rules and regulations adopted pursuant to this chapter subject licensees to unreasonable risk or |
14 | require such a high investment of money, time or any other resource or asset that a reasonably |
15 | prudent businessperson would not operate a cannabis establishment. |
16 | (42) “Workers’ cooperative” means an applicant organized and operated pursuant to the |
17 | provisions of chapter 6.2 of title 7. |
18 | SECTION 2. This act shall take effect upon passage. |
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LC004932 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO FOOD AND DRUGS -- THE RHODE ISLAND CANNABIS ACT | |
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1 | This act would update the Rhode Island cannabis act to remove the current requirement to |
2 | express cannabinoids as the dry-weight percentages. |
3 | This act would take effect upon passage. |
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LC004932 | |
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