2026 -- H 7856 | |
======== | |
LC005455 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
____________ | |
A N A C T | |
RELATING TO FOOD AND DRUGS -- THE RHODE ISLAND CANNABIS ACT | |
| |
Introduced By: Representatives Hopkins, Casey, J. Brien, Corvese, and Noret | |
Date Introduced: February 27, 2026 | |
Referred To: House Corporations | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 21-28.11-10.1 and 21-28.11-5 of the General Laws in Chapter 21- |
2 | 28.11 entitled "The Rhode Island Cannabis Act" are hereby amended to read as follows: |
3 | 21-28.11-10.1. Transitional period and transfer of authority. |
4 | (a) To protect public health and public safety, upon the effective date of this chapter [May |
5 | 25, 2022] until final issuance of the commission’s rules and regulations promulgated pursuant to |
6 | the provisions of this chapter, there shall exist a transitional period of regulatory and enforcement |
7 | authority regarding the production, possession, regulation, distribution, sale, and use of cannabis |
8 | relating to the sale by hybrid cannabis retailers of adult use cannabis pursuant to § 21-28.11-10. |
9 | (b) During the transitional period, the office of cannabis regulation shall prescribe such |
10 | forms, procedures, and requirements as necessary to facilitate the acquisition of hybrid retail and |
11 | cultivation licenses by compassion centers and cultivators licensed pursuant to chapter 28.6 of this |
12 | title. |
13 | (c) Such forms, procedures, and requirements shall be posted on the website of the office |
14 | of cannabis regulation no later than October 15, 2022, at which time an application period will |
15 | commence. Applications shall be received, reviewed, and approved on a rolling basis provided that |
16 | in no case shall an approved hybrid retailer begin adult use sales before December 1, 2022. |
17 | (d) The forms, procedures, and requirements prescribed by the office of cannabis regulation |
18 | shall incorporate, but shall not be limited to, the following: |
19 | (1) Requirements pertaining to the physical premises of hybrid retail licensees. Where |
| |
1 | physically possible these shall include prospective licensee plans to physically separate marijuana |
2 | and marijuana products designated for adult use and medical sales, respectively, in inventory, |
3 | storage, and customer-facing floor and display areas; plans to physically separate sales areas for |
4 | adult use and medical sales, which may be provided by a temporary or semi-permanent physical |
5 | barrier; plans to provide and maintain a patient consultation area that will allow privacy for |
6 | confidential consultation with qualifying patients; and plans to prioritize patient and caregiver |
7 | identification verification and physical entry into retail areas in the event of capacity or other |
8 | constraints; however, if the premises of a hybrid retail licensee does not allow the licensee to meet |
9 | the requirements of this subsection or would cause undue hardship on the licensee, the office of |
10 | cannabis regulation may authorize the hybrid retail licensee to conduct adult use sales at an adjunct |
11 | location. In authorizing any such adjunct location, the office shall require, at a minimum, the |
12 | following: |
13 | (i) The adjunct location must be physically located within the same municipality and |
14 | geographic zone; |
15 | (ii) The adjunct location must comply with all municipal zoning requirements and obtain |
16 | municipal approval; |
17 | (iii) The approval of any adjunct location will not cause undue hardship upon another |
18 | licensed cannabis retailer; and |
19 | (iv) In the instance that an adjunct location is approved by the office, the hybrid cannabis |
20 | retailer shall not be permitted to engage in the sale of cannabis for adult use at more than one |
21 | premises. |
22 | (2) Requirements pertaining to inventory, product, and sales tracking. These shall include |
23 | prospective licensee submission of plans to electronically separate finished marijuana products |
24 | designated for medical or adult use sales in hybrid licensees’ inventory and sales tracking systems. |
25 | If prospective hybrid licensees are conducting cultivation activities, they shall submit plans to |
26 | distinguish between sales of marijuana or finished marijuana products at wholesale based on |
27 | designation for medical or adult use sales. |
28 | (3) Requirements relating to the maintenance of medical marijuana program service levels. |
29 | These shall include prospective licensee submission of comprehensive policies and procedures |
30 | detailing plans to maintain a sufficient quantity and variety of medical marijuana products, and if |
31 | substitutions of medical marijuana products with adult use marijuana products are to be made, a |
32 | justification for such substitutions. Prospective hybrid licensees shall also be required to designate |
33 | an individual who will be primarily responsible for maintenance of medical marijuana program |
34 | service levels and ongoing compliance with existing program requirements, rules, and regulations. |
| LC005455 - Page 2 of 14 |
1 | (4) Requirements relating to operating plans, policies, and procedures. These shall include |
2 | prospective licensee submission, maintenance of, and adherence to a set of written standard |
3 | operating procedures that encompass both adult use and medical marijuana service lines. These |
4 | operating plans and procedures shall take the form of an updated operations manual as currently |
5 | required under medical marijuana program regulations and shall include, but not be limited to, |
6 | policies and procedures relating to the maintenance of medical marijuana program service levels |
7 | as defined in this section. |
8 | (5) Requirements relating to the advertising of cannabis and cannabis products by hybrid |
9 | cannabis retailers who have been permitted to sell adult use cannabis and hybrid cannabis |
10 | cultivators who have been permitted to cultivate adult use cannabis pursuant to the provisions of |
11 | this chapter; provided that, no advertisements for the advertising of cannabis and cannabis products |
12 | on any medium including, but not limited to, social media, Internet search engines, online |
13 | advertisements, email marketing, audio/video streaming services, television, radio, newspapers, |
14 | magazines, direct mail, and billboards, that may be visible to minors. |
15 | (e) Notwithstanding the foregoing provisions of this section, all prospective and approved |
16 | applicants for hybrid cannabis retailer and cannabis cultivator licenses under this chapter shall |
17 | maintain compliance with the existing provisions of chapter 28.6 of this title and the regulations |
18 | promulgated thereunder until final issuance of the commission’s rules and regulations, including, |
19 | but not limited to, existing restrictions and requirements related to financial disclosures; registration |
20 | of owners, managers, key persons, agents, and employees; product testing; packaging and labeling; |
21 | transportation; and home delivery. |
22 | (f) Forms, procedures, and requirements relating to this transitional period may be amended |
23 | by the office of cannabis regulation or the commission up until the final issuance of the |
24 | commission’s regulations pursuant to the provisions of this chapter at which time the forms, |
25 | procedures, and requirements will be superseded by the commission’s final rules and regulations. |
26 | (g) Upon final issuance of the commission’s rules and regulations, the following shall |
27 | occur: |
28 | (1) All powers, duties, and responsibilities of the department of business regulation and the |
29 | office of cannabis regulation with respect to the regulation, administration, and enforcement of the |
30 | provisions of chapter 28.6 of this title and chapter 26 of title 2 shall be transferred to the commission |
31 | or as designated by the commission to the cannabis office. |
32 | (2) All powers, duties, and responsibilities of the department of environmental |
33 | management with respect to regulation, administration, and enforcement of chapter 28.6 of this title |
34 | shall be transferred to the commission or as designated by the commission to the cannabis office. |
| LC005455 - Page 3 of 14 |
1 | (3) All powers, duties, and responsibilities of the department of health with respect to |
2 | regulation, administration, and enforcement of chapter 28.6 of this title shall be transferred to the |
3 | commission or as designated by the commission to the cannabis office, except for the following: |
4 | (i) Administration of registry identification cards to qualified patients; and |
5 | (ii) Powers delegated to the department pursuant to this chapter or by rules and regulations |
6 | of the commission. |
7 | (4) There shall be established a “cannabis office” with the powers, duties, and |
8 | responsibilities authorized pursuant to § 21-28.11-18.1. |
9 | (5) All powers exercised by state agencies, departments, and offices pursuant to the |
10 | provisions of subsections (a) and (b) of this section relating to transitional period authority shall |
11 | cease. |
12 | (h) Upon final issuance of the commission’s rules and regulations, whenever the term |
13 | “office of cannabis regulation” appears in any general law or regulation, the term shall mean the |
14 | “cannabis office” as defined in this chapter. |
15 | 21-28.11-5. Powers and duties of the commission. |
16 | (a) Subject to the state code of ethics and any internal ethics code adopted by the |
17 | commission, the commission shall have all the powers necessary and reasonable to carry out and |
18 | effectuate its purposes, including, but not limited to, the power to: |
19 | (1) Adopt, amend or repeal rules and regulations for the implementation, administration |
20 | and enforcement of this chapter; |
21 | (2) Determine which applicants shall be awarded licenses; |
22 | (3) Deny an application or limit, condition, restrict, revoke or suspend any license; |
23 | (4) Determine and establish the process and methodology by which licenses shall be |
24 | awarded by the commission; |
25 | (5) Require an applicant for licensure under this chapter to apply for such licensure and |
26 | approve or disapprove any such application or other transactions, events and processes as provided |
27 | in this chapter; |
28 | (6) Establish a registration process; |
29 | (7) Execute all instruments necessary and appropriate, in the commission’s discretion, to |
30 | fulfill the purposes of this chapter; |
31 | (8) Enter into agreements or other transactions with a person, including, but not limited to, |
32 | a public entity or other governmental instrumentality or authority in connection with its powers and |
33 | duties under this chapter; |
34 | (9) Appear on its own behalf before boards, commissions, departments or other agencies |
| LC005455 - Page 4 of 14 |
1 | of municipal, state or federal government; |
2 | (10) Apply for and accept subventions, grants, loans, advances and contributions of money, |
3 | property, labor or other things of value from any source, to be held, used and applied for its purposes |
4 | subject to appropriation by the general assembly; |
5 | (11) Subject to appropriation by the general assembly, provide and pay for advisory |
6 | services and technical and other assistance including the hiring of appropriate support staff |
7 | personnel as may be necessary in its judgment to carry out the purpose and intent of this chapter, |
8 | and subject to applicable law, fix the compensation of persons providing such services or |
9 | assistance; |
10 | (12) Prepare, publish and distribute, with or without charge as the commission may |
11 | determine, such studies, reports, bulletins and other materials as required by the provisions of this |
12 | chapter or other applicable law or as the commission considers appropriate; |
13 | (13) Review data and market conditions on an annual basis to determine and recommend |
14 | the maximum number of licenses that shall be issued to meet the production demands to implement |
15 | the provisions of this chapter subject to enactment by the general assembly; |
16 | (14) Conduct and administer procedures and hearings in compliance with chapter 35 of |
17 | title 42 (the “administrative procedures act”) for adoption of rules or regulations, issuance, denial |
18 | or revocation of licenses or permits; or for violation of the provisions of this chapter or the rules |
19 | and regulations adopted pursuant to the provisions of this chapter; |
20 | (15) Gather facts and information and take action applicable to the commission’s |
21 | obligations pursuant to this chapter relating to: |
22 | (i) Any violation of this chapter or any rule or regulation adopted by the commission; and |
23 | (ii) Any willful violation of an order of the commission directed to a licensee or a person |
24 | required to be registered; |
25 | (iii) The conviction of a criminal offense, for the purpose of determining whether said |
26 | conviction substantially relates to the occupation or activity to which the license or registration |
27 | applies; |
28 | (iv) Any other action or conduct which would disqualify a licensee from holding a license |
29 | pursuant to the provisions of this chapter; |
30 | (16) In connection with matters having to do with the discharge of the duties of the |
31 | commission pursuant to this chapter, the chairperson of the commission, in cases pending before |
32 | the commission, is hereby authorized and empowered to summon witnesses to attend and testify in |
33 | a like manner as in either the supreme or superior courts. The commission is authorized to compel |
34 | the production of all papers, books, documents, records, certificates, or other legal evidence that |
| LC005455 - Page 5 of 14 |
1 | may be necessary for the determination and the decision of any question or the discharge of any |
2 | duty required by law of the commission, by issuing a subpoena duces tecum signed by the |
3 | chairperson. Any person who shall willfully swear falsely in any proceedings, matter, or hearing |
4 | before the commission shall be subject to the law pertaining to the crime of perjury. Any person |
5 | who disobeys may be referred by the chairperson of the commission to the presiding justice of the |
6 | superior court for assignment of a hearing on civil contempt citation and/or to the attorney general |
7 | for criminal contempt prosecution; |
8 | (17) Conduct investigations into the qualifications of all applicants for employment by the |
9 | commission, the cannabis office and all applicants for licensure pursuant to the provisions of this |
10 | chapter; |
11 | (18) Receive from the state police, the department of attorney general or other criminal |
12 | justice agencies, including, but not limited to, the Federal Bureau of Investigation and the Internal |
13 | Revenue Service, such criminal record information relating to criminal and background |
14 | investigations as necessary for the purpose of evaluating licensees, applicants for licenses, |
15 | laboratory agents, and any other employee or agent of a cannabis establishment, as determined by |
16 | the commission or otherwise required by law; |
17 | (19) Be present, through its designated inspectors and agents, at any reasonable time, in |
18 | cannabis establishments for the purposes of exercising its powers and duties; |
19 | (20) Inspect cannabis establishments and have access to all equipment and supplies in a |
20 | cannabis establishment for the purpose of ensuring and enforcing compliance with this chapter, |
21 | chapter 28.6 of this title, and all rules and regulations promulgated pursuant to this chapter and |
22 | chapter 28.6 of this title; |
23 | (21) In accordance with all applicable law, coordinate with the state police to seize, |
24 | impound and remove from the premises of a cannabis establishment any cannabis, equipment, |
25 | supplies, documents and records obtained or possessed in violation of this chapter, chapter 28.6 of |
26 | this title, or the rules and regulations of the commission; |
27 | (22) Require that the books and financial or other records or statements of a licensee be |
28 | kept in a manner that the commission deems proper; |
29 | (23) For cause, demand access to and inspect all papers, books and records of close |
30 | associates of a licensee whom the commission reasonably suspects is involved in the financing, |
31 | operation or management of the licensee; provided, however, that the inspection, examination, |
32 | photocopying and audit may take place on the affiliate’s premises or elsewhere as practicable and |
33 | in the presence of the affiliate or its agent; |
34 | (24) Impose and collect fees, sanctions and administrative penalties, as authorized by this |
| LC005455 - Page 6 of 14 |
1 | chapter and established by regulation, and for a violation of any rule or regulation promulgated by |
2 | the commission except as of December 1, 2022, no fee shall be authorized or imposed for registry |
3 | identification cards or for plant tags; |
4 | (25) Establish adjudicatory procedures and conduct adjudicatory proceedings pursuant to |
5 | the provisions of chapter 35 of title 42 (the “administrative procedures act”); |
6 | (26) Refer cases for criminal prosecution to the appropriate federal, state or local |
7 | authorities; |
8 | (27) Maintain an official Internet website for the commission that, in the discretion of the |
9 | commission, may be in coordination with the cannabis office; |
10 | (28) Submit any matter to the advisory board for study, review or recommendation; |
11 | (29) Request and/or approve or disapprove recommendations by the cannabis advisory |
12 | board made pursuant to § 21-28.11-6 to include, but not be limited to, distribution of funds from |
13 | the social equity assistance fund established pursuant to § 21-28.11-31; |
14 | (30) Monitor any federal activity regarding cannabis; |
15 | (31) Delegate any administrative, procedural or operational matter to the cannabis office; |
16 | (32) Issue temporary emergency orders, directives or instructions, with or without prior |
17 | notice or hearing, in an instance in which the public health or safety is in substantial or imminent |
18 | danger as it relates to the activities, conduct or practices of a licensee or as a result of a defective |
19 | or dangerous product offered for sale by a licensee. If a temporary emergency order, directive or |
20 | instruction without notice or a hearing is issued by the commission then the order, directive or |
21 | instruction shall expire after ten (10) days unless a hearing is noticed by the commission within the |
22 | ten (10) day period, and the hearing is scheduled to be conducted within twenty (20) days of the |
23 | issuance of the order, directive or instruction; |
24 | (33) Amend forms, procedures and requirements adopted by the office of cannabis |
25 | regulation pursuant to § 21-28.11-10.1 related to the temporary regulation of cultivation, |
26 | manufacture and sale of cannabis for adult use by hybrid cannabis retailers during the transitional |
27 | period established by § 21-28.11-10.1; and |
28 | (34) Provide recommendations to the general assembly regarding any advisable or |
29 | proposed amendments to chapter 26 of title 2 relative to the regulation of industrial hemp and the |
30 | use of hemp as a commercial product. |
31 | (b) The commission shall, pursuant to subsection (a) of this section, adopt rules and |
32 | regulations consistent with this chapter for the administration, clarification and enforcement of |
33 | provisions regulating and licensing cannabis establishments and the sale, possession and use of |
34 | cannabis. The rules and regulations shall include, but not be limited to: |
| LC005455 - Page 7 of 14 |
1 | (1) Methods and forms of application which an applicant for a license shall follow and |
2 | complete before consideration by the commission; |
3 | (2) Requirements for the information to be furnished by an applicant or licensee; |
4 | (3) Criteria for evaluation of the application for a license; |
5 | (4) Qualifications for licensure and minimum standards for employment that are directly |
6 | and demonstrably related to the operation of a cannabis establishment and similar to qualifications |
7 | for licensure and employment standards in connection with the manufacture, distribution or sale of |
8 | alcoholic beverages as regulated under title 3 of the general laws; provided, that a criminal |
9 | conviction relating solely to the possession of marijuana or cannabis shall not automatically |
10 | disqualify an individual from eligibility for employment or licensure in connection with a cannabis |
11 | establishment pursuant to § 21-28.11-12.1; |
12 | (5) In consultation with the cannabis advisory board, identification of factors to be |
13 | evaluated in the approval and certification of social equity applicants and establishment of |
14 | procedures and policies to promote and encourage full participation in the regulated cannabis |
15 | industry by people from communities that have previously been disproportionately harmed by |
16 | cannabis prohibition and enforcement; |
17 | (6) In accordance with all applicable law, standards for the payment or reporting of |
18 | licensure fees and taxes; |
19 | (7) Requirements for the information to be furnished by a licensee to the licensee’s |
20 | employees; |
21 | (8) Requirements for fingerprinting or other method of identification of an applicant for a |
22 | license or a licensee and the employees of licensees; |
23 | (9) Procedures and grounds for the revocation or suspension of a license or registration; |
24 | (10) Minimum uniform standards of accounting procedures; |
25 | (11) Requirements for record keeping by cannabis establishments and procedures to track |
26 | cannabis cultivated, processed, manufactured, delivered or sold by cannabis establishments; |
27 | (12) Minimum standards for the requirement that all licensees possess and operate an |
28 | interoperable publicly available application programming interface seed-to-sale tracking system |
29 | sufficient to ensure the appropriate track and trace of all cannabis cultivated, processed or |
30 | manufactured pursuant to this chapter; |
31 | (13) Standards and procedures to leverage seed-to-sale tracking technology which may |
32 | allow for the appropriate transfer or acquisition of cannabis seeds, clones, cuttings, plants or plant |
33 | tissue between medical and nonmedical establishments; |
34 | (14) Registration requirements for employees of cannabis establishments including |
| LC005455 - Page 8 of 14 |
1 | ensuring that employees be properly trained in the performance of their duties as necessary; |
2 | (15) Minimum security requirements for licensees sufficient to deter and prevent theft and |
3 | unauthorized entrance into areas containing cannabis, which may include, but not be limited to, the |
4 | use of security personnel, security cameras, or alarms; |
5 | (16) Minimum standards for liability insurance coverage; |
6 | (17) Requirements and procedures, utilizing best practices, to prevent the sale, delivery or |
7 | transfer of cannabis to persons under twenty-one (21) years of age, or the purchase of cannabis on |
8 | behalf of a person under twenty-one (21) years of age to include, but not limited to, the |
9 | establishment of age verification procedures; |
10 | (18) Health and safety standards, established in consultation with the department of health, |
11 | for the cultivation, processing, manufacturing and distribution of cannabis, including standards |
12 | regarding sanitation for the preparation, storage, handling and sale of food products, including |
13 | compliance with state sanitation requirements, and health inspections; provided, however, that the |
14 | authority to promulgate regulations pertaining to the use of pesticides shall remain with the |
15 | department of environmental management pursuant to the provisions of chapter 25 of title 23; |
16 | (19) Requirements for the packaging and labeling of cannabis and cannabis products that |
17 | shall, at a minimum: |
18 | (i) Require the most current consumer product safety commission standards, set forth in 16 |
19 | C.F.R. 1700 et seq.; and |
20 | (ii) Protect children from accidently ingesting cannabis or cannabis products, including by |
21 | making packaging certified child-resistant and resealable; |
22 | (20) Requirements and restrictions for advertising, marketing and branding of cannabis and |
23 | cannabis products; provided that, no advertisements for the advertising of cannabis and cannabis |
24 | products on any medium including, but not limited to, social media, Internet search engines, online |
25 | advertisements, email marketing, audio/video streaming services, television, radio, newspapers, |
26 | magazines, direct mail, and billboards, that may be visible to minors. |
27 | (21) Requirements for the safe disposal of excess, contaminated, adulterated or deteriorated |
28 | cannabis, which shall consider policies which promote the reasonable remediation and/or recycling |
29 | of such waste, including, but not limited to, recycled industrial products; |
30 | (22) Procedures and requirements to enable the transfer of a license for a cannabis |
31 | establishment to another qualified person or to another suitable location in compliance with the |
32 | provisions of § 21-28.11-10.2 following notification and approval by the commission; provided |
33 | however, that a license issued to a social equity applicant shall only be transferred to another |
34 | qualified social equity applicant, and a license issued to a workers’ cooperative applicant shall only |
| LC005455 - Page 9 of 14 |
1 | be transferred to another qualified workers’ cooperative applicant; |
2 | (23) Requirements to establish a process allowing the commission to order a prohibition |
3 | on the sale of a cannabis product found especially appealing to persons under twenty-one (21) years |
4 | of age including a means for allowing a cannabis product manufacturer to voluntarily submit a |
5 | product, its packaging and intended marketing to the commission for preliminary determination |
6 | whether the product is especially appealing to persons under twenty-one (21) years of age; |
7 | (24) Requirements that may prohibit cannabis product manufacturers from altering or |
8 | utilizing commercially-manufactured food products when manufacturing cannabis products unless |
9 | the food product was commercially manufactured specifically for use by the cannabis product |
10 | manufacturer to infuse with cannabis; |
11 | (25) Energy and environmental standards for licensure and licensure renewal of cannabis |
12 | establishments licensed as a cannabis cultivator or cannabis product manufacturer; |
13 | (26) If determined necessary to protect or promote public health and safety, the commission |
14 | may establish reasonable limits for cannabis product potency and/or dosing; provided that, in the |
15 | interest of maintaining a stable cannabis market, before imposing such limits, the commission shall |
16 | give due consideration to the limits on potency and/or dosing imposed by neighboring states; |
17 | (27) The testing and safety of cannabis and cannabis products, including but not limited to, |
18 | regulations promulgated by the commission in consultation with the department of health, as |
19 | applicable which: |
20 | (i) License and regulate the operation of cannabis laboratory testing facilities, including |
21 | requirements for equipment, training, and qualifications for personnel; |
22 | (ii) Set forth procedures that require random sample testing to ensure quality control, |
23 | including, but not limited to, ensuring that cannabis and cannabis products are accurately labeled |
24 | for tetrahydrocannabinol (THC) content and any other product profile; |
25 | (iii) Establish testing for residual solvents or toxins; harmful chemicals; dangerous molds |
26 | or mildew; filth; and harmful microbials such as E. coli or salmonella and pesticides, and any other |
27 | compounds, elements, or contaminants; |
28 | (iv) Require that all cannabis and cannabis products must undergo random sample testing |
29 | at a licensed cannabis testing facility or other laboratory equipped to test cannabis and cannabis |
30 | products that have been approved by the commission; |
31 | (v) Require any products which fail testing be quarantined and/or recalled and destroyed |
32 | in accordance with regulations; |
33 | (vi) Allow for the establishment of other quality assurance mechanisms which may include |
34 | but not be limited to, the designation or creation of a reference laboratory, creation of a secret |
| LC005455 - Page 10 of 14 |
1 | shopper program, round robin testing, or any other mechanism to ensure the accuracy of product |
2 | testing and labeling; |
3 | (vii) Require cannabis establishment licensees and cannabis products to comply with any |
4 | applicable food safety requirements determined by the commission and/or the department of health; |
5 | (viii) Include any additional requirements deemed necessary by the commission as |
6 | determined in consultation with the department of health; and |
7 | (ix) Allow the commission, in coordination with the department of health, at their |
8 | discretion, to temporarily remove, or phase in, any requirement for laboratory testing if it finds that |
9 | there is not sufficient laboratory capacity for the market; |
10 | (28) Standards and restrictions for cannabis manufacturing and processing which shall |
11 | include, but not be limited to, requirements that cannabis processors: |
12 | (i) Comply with all applicable building and fire codes; |
13 | (ii) Receive approval from the state fire marshal’s office for all forms of manufacturing |
14 | that use a heat source or flammable solvent; |
15 | (iii) Require any cannabis processor that manufactures edibles of cannabis infused food |
16 | products to comply with all applicable requirements and regulations and obtain a food business |
17 | license as defined by § 21-27-1 issued by the department of health’s office of food safety; and |
18 | (iv) Comply with any other requirements deemed suitable by the commission; |
19 | (29) Standards for manufacturing or extracting cannabinoid oils or butane hash oil; |
20 | (30) General operating requirements, minimum oversight, and any other activities, |
21 | functions, or aspects of a cannabis establishment licensee in furtherance of creating a stable, |
22 | regulated cannabis industry and mitigating its impact on public health and safety; |
23 | (31) Rules and regulations based on federal law, provided such rules and regulations are |
24 | designed to comply with federal guidance and mitigate federal enforcement against the cannabis |
25 | establishments and adult use establishments authorized, licensed and operated pursuant to this |
26 | chapter; |
27 | (32) Coordinate and implement the transition and transfer of regulatory authority of |
28 | medical marijuana from the department of business regulation to the commission; and |
29 | (33) Requirements that, after March 1, 2023, according to a timeline determined by the |
30 | commission, patients with out-of-state medical marijuana cards must also possess and produce a |
31 | valid government issued identification demonstrating residency in the same state jurisdiction that |
32 | issued the medical marijuana card. |
33 | (c) Regulations made pursuant to this section shall not: |
34 | (1) Except to protect public health and safety, prohibit the operation of a cannabis |
| LC005455 - Page 11 of 14 |
1 | establishment either expressly or through regulations that make operation of a cannabis |
2 | establishment unreasonable and impracticable; |
3 | (2) Require an adult retail purchaser to provide a cannabis retailer with identifying |
4 | information other than proper identification to determine the customer’s age, and shall not require |
5 | the cannabis retailer to acquire or record personal information about customers other than |
6 | information typically required in a retail transaction; |
7 | (3) Except as provided pursuant to chapter 28.6 of this title, authorize a cannabis retailer, |
8 | medical marijuana treatment center or a hybrid cannabis retailer to operate at a shared location with |
9 | a cultivator; |
10 | (4) Authorize a cannabis establishment to transfer or acquire cannabis seeds, clones, |
11 | cuttings, plants or plant tissue to or from another cannabis establishment unless notice of the |
12 | transfer or acquisition is provided to the commission; or |
13 | (5) Prohibit cannabis establishments from using inorganic cultivation methods. |
14 | (d) Reports. In furtherance of the intent of this chapter: |
15 | (1) The commission shall annually submit a complete and detailed report of the |
16 | commission’s activities, including a review of the implementation and enforcement of this chapter |
17 | and the governance structure established in this chapter, not more than ninety (90) days after the |
18 | end of the fiscal year to the governor, the attorney general, the treasurer, the speaker of the house, |
19 | and the president of the senate. |
20 | (2) The commission shall annually review the tax rates established by this chapter and may |
21 | make recommendations to the general assembly, as appropriate, regarding any changes to the tax |
22 | rates that further the intent of this chapter. |
23 | (3) Each fiscal year the commission shall submit an annual finance plan to the governor, |
24 | the speaker of the house and the president of the senate, and updates to such plan. |
25 | (4) The commission may study cannabis commerce and make recommendations to the |
26 | general assembly regarding changes to existing law that further the intent of this chapter by |
27 | reporting those recommendations to the governor, the speaker of the house, and the president of |
28 | the senate. |
29 | (5) The commission may conduct an analysis and report to the general assembly if it finds |
30 | that conditions are appropriate for the issuance of additional types or classes of licenses to operate |
31 | cannabis-related businesses, including, but not limited to: |
32 | (i) Licenses that authorize limited or restricted cultivation, processing, manufacture, |
33 | possession or storage of cannabis or cannabis products, limited delivery of cannabis or cannabis |
34 | products to consumers; |
| LC005455 - Page 12 of 14 |
1 | (ii) Licenses that authorize the consumption of cannabis or cannabis products on the |
2 | premises where sold; |
3 | (iii) Licenses that authorize the consumption of cannabis at special events in limited areas |
4 | and for a limited time; and |
5 | (iv) Licenses intended to facilitate scientific research or education. |
6 | (e) The commission shall administer and enforce the provisions of this chapter and the rules |
7 | and regulations relating to licensing in this chapter and in its discretion and where appropriate may |
8 | delegate and authorize various administration and enforcement powers and duties to the cannabis |
9 | office. |
10 | (f) The commission may investigate, in conjunction with the department of health, the |
11 | effects of cannabis and cannabis products with a high potency of tetrahydrocannabinol on human |
12 | health and consider restrictions on the potency of tetrahydrocannabinol in cannabis and cannabis |
13 | products that are necessary for protection of public health or safety in accordance with the |
14 | provisions of subsection (b)(26) of this section. |
15 | (g) The commission shall be subject to all the provisions of chapter 35 of title 42. |
16 | (h) The commission shall cause to be deposited all fees and monetary penalties collected |
17 | pursuant to this chapter in the social equity assistance fund established pursuant to § 21-28.11-31, |
18 | excluding medical compassion center license fees pursuant to § 21-28.6-12, tax penalties and any |
19 | funds designated to be deposited in the marijuana trust fund pursuant to § 21-28.11-13(d). |
20 | (i) The commission shall work collaboratively with other state agencies and departments |
21 | to ensure that the production and distribution of cannabis is effectively regulated in the state in |
22 | furtherance of this chapter. |
23 | SECTION 3. This act shall take effect upon passage. |
======== | |
LC005455 | |
======== | |
| LC005455 - Page 13 of 14 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO FOOD AND DRUGS -- THE RHODE ISLAND CANNABIS ACT | |
*** | |
1 | This act would ban advertising of cannabis and cannabis products on any medium that may |
2 | be visible to minors. |
3 | This act would take effect upon passage. |
======== | |
LC005455 | |
======== | |
| LC005455 - Page 14 of 14 |