2009 -- S 0185 AS AMENDED

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LC00834

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2009

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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 Perry, Goodwin, McCaffrey, Pichardo, and Sosnowski

     Date Introduced: February 04, 2009

     Referred To: Senate Health & Human Services

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 21-28.6-3, 21-28.6-4, 21-28.6-6 and 21-28.6-7 of the General

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Laws in Chapter 21-28.6 entitled "The Edward O. Hawkins and Thomas C. Slater Medical

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Marijuana Act" are hereby amended to read as follows:

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     21-28.6-3. Definitions. -- The For the purposes of this chapter:

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     (1) "Cardholder" means a qualifying patient, a primary caregiver, or a principal officer,

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board member, employee, volunteer, or agent of a compassion center who has been issued and

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possesses a valid registry identification card.

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     (2) "Compassion center" means a not-for-profit entity registered under section 21-28.6-12

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that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies or

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dispenses marijuana, or related supplies and educational materials, to registered qualifying

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patients and their registered primary caregivers who have designated it as one of their primary

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caregivers.

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      (1) (3) "Debilitating medical condition" means:

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

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immune deficiency syndrome, Hepatitis C, or the treatment of these conditions;

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

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

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

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

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sclerosis or Crohn's disease; or agitation of Alzheimer's Disease; or

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

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provided for in section 21-28.6-5.

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      (2) (4) "Department" means the Rhode Island department of health or its successor

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agency.

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      (3) (5) "Marijuana" has the meaning given that term in section 21-28-1.02(26).

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      (6) "Mature marijuana plant" means a marijuana plant which has flowers or buds that

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are readily observable by an unaided visual examination.

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     (4) (7) "Medical use" means the acquisition, possession, cultivation, manufacture, use,

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

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marijuana to alleviate a registered qualifying patient's debilitating medical condition or symptoms

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associated with the medical condition.

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      (5) (8) "Practitioner" means a person who is licensed with authority to prescribe drugs

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pursuant to chapter 37 of title 5 or a physician licensed with authority to prescribe drugs in

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Massachusetts or Connecticut.

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      (6) (9) "Primary caregiver" means either a natural person who is at least twenty-one (21)

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years old or a compassion center. and who has agreed to assist with a person's medical use of

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marijuana and who doesn't have a felony drug conviction. A primary caregiver Unless the

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primary caregiver is a compassion center, a natural primary caregiver may assist no more than

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five (5) qualifying patients with their medical use of marijuana.

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      (7) (10) "Qualifying patient" means a person who has been diagnosed by a physician

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practitioner as having a debilitating medical condition and is a resident of Rhode Island.

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      (8) (11) "Registry identification card" means a document issued by the department that

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identifies a person as a registered qualifying patient, or a registered primary caregiver, or a

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registered principal officer, board member, employee, volunteer, or agent of a compassion center.

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     (12) "Unusable marijuana" means marijuana seeds, stalks, seedlings, and unusable roots.

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"Seedling" means a marijuana plant with no observable flowers or buds.

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      (9) (13) "Usable marijuana" means the dried leaves and flowers of the marijuana plant,

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

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plant.

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      (10) (14) "Written certification" means the qualifying patient's medical records, and a

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statement signed by a practitioner, stating that in the practitioner's professional opinion the

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potential benefits of the medical use of marijuana would likely outweigh the health risks for the

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qualifying patient. A written certification shall be made only in the course of a bona fide

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practitioner-patient relationship after the practitioner has completed a full assessment of the

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qualifying patient's medical history. The written certification shall specify the qualifying patient's

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debilitating medical condition or conditions.

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     21-28.6-4. Protections for the medical use of marijuana. -- (a) A qualifying patient

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who has in his or her possession a registry identification card shall not be subject to arrest,

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prosecution, or penalty in any manner, or denied any right or privilege, including but not limited

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to, civil penalty or disciplinary action by a business or occupational or professional licensing

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board or bureau, for the medical use of marijuana; provided, that the qualifying patient possesses

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an amount of marijuana that does not exceed twelve (12) mature marijuana plants and two and

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one-half (2.5) ounces of usable marijuana. Said plants shall be stored in an indoor facility.

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      (b) No school, employer or landlord may refuse to enroll, employ or lease to or

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otherwise penalize a person solely for his or her status as a registered qualifying patient or a

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registered primary caregiver cardholder.

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      (c) A primary caregiver, who has in his or her possession, a registry identification card

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shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or

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privilege, including but not limited to, civil penalty or disciplinary action by a business or

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occupational or professional licensing board or bureau, for assisting a qualifying patient to whom

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he or she is connected through the department's registration process with the medical use of

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marijuana; provided, that the primary caregiver possesses an amount of marijuana which does not

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exceed twelve (12) mature marijuana plants and two and one-half (2.5) ounces of usable

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marijuana for each qualifying patient to whom he or she is connected through the department's

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registration process.

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      (d) Registered primary caregivers and registered qualifying patients shall be allowed to

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possess a reasonable amount of unusable marijuana, including up to twelve (12) seedlings, which

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shall not be counted toward the limits in this section.

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      (d)(e) There shall exist a presumption that a qualifying patient or primary caregiver is

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engaged in the medical use of marijuana if the qualifying patient or primary caregiver:

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      (1) Is in possession of a registry identification card; and

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      (2) Is in possession of an amount of marijuana that does not exceed the amount permitted

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under this chapter. Such presumption may be rebutted by evidence that conduct related to

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marijuana was not for the purpose of alleviating the qualifying patient's debilitating medical

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condition or symptoms associated with the medical condition.

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      (e)(f) A primary caregiver may receive reimbursement for costs associated with assisting

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a registered qualifying patient's medical use of marijuana. Compensation shall not constitute sale

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of controlled substances.

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      (f)(g) A practitioner shall not be subject to arrest, prosecution, or penalty in any manner,

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or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action

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by the Rhode Island Board of Medical Licensure and Discipline or by any another business or

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occupational or professional licensing board or bureau solely for providing written certifications

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or for otherwise stating that, in the practitioner's professional opinion, the potential benefits of the

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medical marijuana would likely outweigh the health risks for a patient.

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      (g)(h) Any interest in or right to property that is possessed, owned, or used in connection

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with the medical use of marijuana, or acts incidental to such use, shall not be forfeited.

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      (h)(i) No person shall be subject to arrest or prosecution for constructive possession,

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conspiracy, aiding and abetting, being an accessory, or any other offense for simply being in the

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presence or vicinity of the medical use of marijuana as permitted under this chapter or for

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assisting a registered qualifying patient with using or administering marijuana.

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      (i)(j) A practitioner, nurse, or pharmacist shall not be subject to arrest, prosecution or

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penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty

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or disciplinary action by a business or occupational or professional licensing board or bureau

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solely for discussing the benefits or health risks of medical marijuana or its interaction with other

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substances with a patient.

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     (j)(k) A registry identification card, or its equivalent, issued under the laws of another

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state, U.S. territory, or the District of Columbia to permit the medical use of marijuana by a

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qualifying patient with a debilitating medical condition, or to permit a person to assist with a

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qualifying patient's the medical use of marijuana by a patient with a debilitating medical

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condition, shall have the same force and effect as a registry identification card issued by the

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department.

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      (k)(l) Notwithstanding the provisions of subsection 21-28.6-3(6) or subsection 21-28.6-

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4(c), no primary caregiver other than a compassion center shall possess an amount of marijuana

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in excess of twenty-four (24) marijuana plants and five (5) ounces of usable marijuana for

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qualifying patients to whom he or she is connected through the department's registration process.

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     (m) A registered qualifying patient or registered primary caregiver may give marijuana to

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another registered qualifying patient or registered primary caregiver to whom they are not

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connected by the department's registration process, provided that no consideration is paid for the

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marijuana, and that the recipient does not exceed the limits specified in section 21-28.6-4.

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     (n) For the purposes of medical care, including organ transplants, a registered qualifying

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patient's authorized use of marijuana shall be considered the equivalent of the authorized use of

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any other medication used at the direction of a physician, and shall not constitute the use of an

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illicit substance.

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     21-28.6-6. Administration of regulations. -- (a) The department shall issue registry

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identification cards to qualifying patients who submit the following, in accordance with the

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department's regulations:

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      (1) Written certification as defined in section 23-28.6-3(10) 21-28.6-3(14) of this

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chapter;

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      (2) Application or renewal fee;

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      (3) Name, address, and date of birth of the qualifying patient; provided, however, that if

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the patient is homeless, no address is required;

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      (4) Name, address, and telephone number of the qualifying patient's practitioner; and

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      (5) Name, address, and date of birth of each primary caregiver of the qualifying patient,

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if any.

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      (b) The department shall not issue a registry identification card to a qualifying patient

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under the age of eighteen (18) unless:

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      (1) The qualifying patient's practitioner has explained the potential risks and benefits of

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the medical use of marijuana to the qualifying patient and to a parent, guardian or person having

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legal custody of the qualifying patient; and

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      (2) A parent, guardian or person having legal custody consents in writing to:

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      (i) Allow the qualifying patient's medical use of marijuana;

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      (ii) Serve as one of the qualifying patient's primary caregivers; and

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      (iii) Control the acquisition of the marijuana, the dosage, and the frequency of the

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medical use of marijuana by the qualifying patient.

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      (c) The department shall verify the information contained in an application or renewal

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submitted pursuant to this section, and shall approve or deny an application or renewal within

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fifteen (15) days of receiving it. The department may deny an application or renewal only if the

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applicant did not provide the information required pursuant to this section, or if the department

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determines that the information provided was falsified. Rejection of an application or renewal is

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considered a final department action, subject to judicial review. Jurisdiction and venue for

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judicial review are vested in the superior court.

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      (d) The department shall issue a registry identification card to each primary caregiver, if

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any, who is named in a qualifying patient's approved application, up to a maximum of two (2)

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primary caregivers per qualifying patient. A person may not serve as a primary caregiver if he or

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she has a felony drug conviction, unless the department waives this restriction in respect to a

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specific individual at the department's discretion. Additionally, the department shall allow the

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person to serve as a primary caregiver if the department determines that the offense was for

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conduct that occurred prior to the enactment of the Edward O. Hawkins and Thomas C. Slater

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Medical Marijuana Act or that was prosecuted by an authority other than the state of Rhode

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Island and for which the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act

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would otherwise have prevented a conviction.

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      (e) The department shall issue registry identification cards within five (5) days of

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approving an application or renewal, which shall expire two (2) years after the date of issuance.

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Registry identification cards shall contain:

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      (1) The date of issuance and expiration date of the registry identification card;

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      (2) A random registry identification number; and

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      (3) A photograph; and

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      (4) Any additional information as required by regulation or the department.

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      (f) Persons issued registry identification cards shall be subject to the following:

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      (1) A qualifying patient who has been issued a registry identification card shall notify the

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department of any change in the qualifying patient's name, address, or primary caregiver; or if the

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qualifying patient ceases to have his or her debilitating medical condition, within ten (10) days of

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such change.

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      (2) A registered qualifying patient who fails to notify the department of any of these

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changes is responsible for a civil infraction, punishable by a fine of no more than one hundred

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fifty dollars ($150). If the person has ceased to suffer from a debilitating medical condition, the

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card shall be deemed null and void and the person shall be liable for any other penalties that may

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apply to the person's nonmedical use of marijuana.

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      (3) A registered primary caregiver, principal officer, board member, employee,

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volunteer, or agent of a compassion center shall notify the department of any change in his or her

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name or address within ten (10) days of such change. A primary caregiver, principal officer,

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board member, employee, volunteer, or agent of a compassion center who fails to notify the

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department of any of these changes is responsible for a civil infraction, punishable by a fine of no

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more than one hundred fifty dollars ($150).

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      (4) When a qualifying patient or primary caregiver notifies the department of any

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changes listed in this subsection, the department shall issue the registered qualifying patient and

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each primary caregiver a new registry identification card within ten (10) days of receiving the

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updated information and a ten dollar ($10.00) fee. When a principal officer, board member,

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employee, volunteer, or agent of a compassion center notifies the department of any changes

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listed in this subsection, the department shall issue the cardholder a new registry identification

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card within ten (10) days of receiving the updated information and a ten dollar ($10.00) fee.

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      (5) When a qualifying patient who possesses a registry identification card changes his or

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her primary caregiver, the department shall notify the primary caregiver within ten (10) days. The

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primary caregiver's protections as provided in this chapter as to that patient shall expire ten (10)

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days after notification by the department.

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      (6) If a registered qualifying patient or a primary caregiver cardholder loses his or her

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registry identification card, he or she shall notify the department and submit a ten dollar ($10.00)

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fee within ten (10) days of losing the card. Within five (5) days, the department shall issue a new

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registry identification card with new random identification number.

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      (7) If a qualifying patient and/or primary caregiver cardholder willfully violates any

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provision of this chapter as determined by the department, his or her registry identification card

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may be revoked.

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      (g) Possession of, or application for, a registry identification card shall not constitute

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probable cause or reasonable suspicion, nor shall it be used to support the search of the person or

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property of the person possessing or applying for the registry identification card, or otherwise

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subject the person or property of the person to inspection by any governmental agency.

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      (h) (1) Applications and supporting information submitted by qualifying patients,

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including information regarding their primary caregivers and practitioners, are confidential and

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protected under the federal Health Insurance Portability and Accountability Act of 1996.

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      (2) The department shall maintain a confidential list of the persons to whom the

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department has issued registry identification cards. Individual names and other identifying

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information on the list shall be confidential, exempt from the provisions of Rhode Island Access

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to Public Information, chapter 2 of title 38, and not subject to disclosure, except to authorized

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employees of the department as necessary to perform official duties of the department.

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      (i) The department shall verify to law enforcement personnel whether a registry

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identification card is valid solely by confirming the random registry identification number.

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      (j) It shall be a crime, punishable by up to one hundred eighty (180) days in jail and a

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one thousand dollar ($1,000) fine, for any person, including an employee or official of the

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department or another state agency or local government, to breach the confidentiality of

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information obtained pursuant to this chapter. Notwithstanding this provision, the department

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employees may notify law enforcement about falsified or fraudulent information submitted to the

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department.

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      (k) On or before January 1 of each odd numbered year, the department shall report to the

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House Committee on Health, Education and Welfare and to the Senate Committee on the

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Judiciary Health and Human Services on the use of marijuana for symptom relief. The report

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shall provide:

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      (1) The number of applications for registry identification cards, the number of qualifying

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patients and primary caregivers approved, the nature of the debilitating medical conditions of the

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qualifying patients, the number of registry identification cards revoked, and the number of

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practitioners providing written certification for qualifying patients;

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      (2) An evaluation of the costs permitting the use of marijuana for symptom relief,

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including any costs to law enforcement agencies and costs of any litigation;

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      (3) Statistics regarding the number of marijuana-related prosecutions against registered

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patients and caregivers, and an analysis of the facts underlying those prosecutions;

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      (4) Statistics regarding the number of prosecutions against physicians for violations of

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this chapter; and

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      (5) Whether the United States Food and Drug Administration has altered its position

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regarding the use of marijuana for medical purposes or has approved alternative delivery systems

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for marijuana.

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     (m) The application for qualifying patients' registry identification card shall include a

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question asking whether the patient would like the department to notify him or her of any clinical

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studies about marijuana's risk or efficacy. The department shall inform those patients who answer

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in the affirmative of any such studies it is notified of, that will be conducted in Rhode Island. The

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department may also notify those patients of medical studies conducted outside of Rhode Island.

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     21-28.6-7. Scope of chapter. -- (a) This chapter shall not permit:

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      (1) Any person to undertake any task under the influence of marijuana, when doing so

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would constitute negligence or professional malpractice;

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      (2) The smoking of marijuana:

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      (i) In a school bus or other form of public transportation;

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      (ii) On any school grounds;

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      (iii) In any correctional facility;

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      (iv) In any public place; or

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      (v) In any licensed drug treatment facility in this state. ; or

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     (vi) Where exposure to the marijuana smoke significantly adversely affects the health,

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safety, or welfare of children.

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      (3) Any person to operate, navigate, or be in actual physical control of any motor

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vehicle, aircraft, or motorboat while under the influence of marijuana. However, a registered

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qualifying patient shall not be considered to be under the influence solely for having marijuana

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metabolites in his or her system.

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      (b) Nothing in this chapter shall be construed to require:

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      (1) A government medical assistance program or private health insurer to reimburse a

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person for costs associated with the medical use of marijuana; or

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      (2) An employer to accommodate the medical use of marijuana in any workplace.

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      (c) Fraudulent representation to a law enforcement official of any fact or circumstance

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relating to the medical use of marijuana to avoid arrest or prosecution shall be punishable by a

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fine of five hundred dollars ($500) which shall be in addition to any other penalties that may

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apply for making a false statement for the nonmedical use of marijuana.

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     SECTION 2. Chapter 21-28.6 of the General Laws entitled "The Edward O. Hawkins and

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Thomas C. Slater Medical Marijuana Act" is hereby amended by adding thereto the following

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sections:

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     21-28.6-12. Compassion centers. -- (a) A compassion center registered under this

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section may acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, or

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dispense marijuana, or related supplies and educational materials, to registered qualifying patients

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and their registered primary caregivers who have designated it as one of their primary caregivers.

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A compassion center is a primary caregiver. Except as specifically provided to the contrary, all

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provisions of the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act, sections 21-

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28.6-1 – 21-28.6-11, apply to a compassion center unless they conflict with a provision contained

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in section 21-28.6-12.

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     (b) Registration of compassion centers--department authority:

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     (1) Not later than ninety (90) days after the effective date of this act, the department shall

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promulgate regulations governing the manner in which it shall consider applications for

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registration certificates for compassion centers, including regulations governing:

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     (i) The form and content of registration and renewal applications;

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     (ii) Minimum oversight requirements for compassion centers;

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     (iii) Minimum record-keeping requirements for compassion centers;

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     (iv) Minimum security requirements for compassion centers; and

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     (v) Procedures for suspending or terminating the registration of compassion centers that

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violate the provisions of this section or the regulations promulgated pursuant to this subsection.

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     (2) Within ninety (90) days of the effective date of this act, the department shall begin

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accepting applications for the operation of a single compassion center.

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     (3) Within one hundred fifty (150) days of the effective date of this act, the department

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shall provide for at least one public hearing on the granting of an application to a single

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compassion center.

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     (4) Within one hundred ninety (190) days of the effective date of this act, the department

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shall grant a single registration certificate to a single compassion center, providing at least one

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applicant has applied who meets the requirements of this act.

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     (5) If at any time after fifteen (15) months after the effective date of this act, there is no

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operational compassion center in Rhode Island, the department shall accept applications, provide

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for input from the public, and issue a registration certificate for a compassion center if a qualified

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applicant exists.

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     (6) Within two (2) years of the effective date of this act, the department shall begin

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accepting applications to provide registration certificates for two (2) additional compassion

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centers. The department shall solicit input from the public, and issue registration certificates if

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qualified applicants exist.

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     (7) Any time a compassion center registration certificate is revoked, is relinquished, or

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expires, the department shall accept applications for a new compassion center.

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     (8) If at any time after three (3) years after the effective date of this act, fewer than three

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(3) compassion centers are holding valid registration certificates in Rhode Island, the

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     department shall accept applications for a new compassion center. No more than three (3)

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compassion centers may hold valid registration certificates at one time.

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     (c) Compassion center and agent applications and registration:

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     (1) Each application for a compassion center shall include:

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     (i) A non-refundable application fee paid to the department in the amount of two hundred

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fifty dollars ($250);

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     (ii) The proposed legal name and proposed articles of incorporation of the compassion

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center;

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     (iii) The proposed physical address of the compassion center, if a precise address has

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been determined, or, if not, the general location where it would be located. This may include a

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second location for the cultivation of medical marijuana;

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     (iv) A description of the enclosed, locked facility that would be used in the cultivation of

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marijuana;

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     (v) The name, address, and date of birth of each principal officer and board member of

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the compassion center;

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     (vi) Proposed security and safety measures which shall include at least one security alarm

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system for each location, planned measures to deter and prevent the unauthorized entrance into

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areas containing marijuana and the theft of marijuana, as well as a draft employee instruction

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manual including security policies, safety and security procedures, personal safety and crime

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prevention techniques; and

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     (vii) Proposed procedures to ensure accurate record keeping;

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     (2) Any time one or more compassion center registration applications are being

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considered, the department shall also allow for comment by the public and shall solicit input from

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registered qualifying patients, registered primary caregivers; and the towns or cities where the

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applicants would be located;

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     (3) Each time a compassion center certificate is granted, the decision shall be based upon

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the overall health needs of qualified patients and the safety of the public, including, but not

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limited to, the following factors:

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     (i) Convenience to patients from throughout the state of Rhode Island to the compassion

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centers if the applicant were approved;

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     (ii) The applicants' ability to provide a steady supply to the registered qualifying patients

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in the state;

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     (iii) The applicants' experience running a non-profit or business;

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     (iv) The wishes of qualifying patients regarding which applicant be granted a registration

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certificate;

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     (v) The wishes of the city or town where the dispensary would be located;

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     (vi) The sufficiency of the applicant's plans for record keeping and security, which

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records shall be considered confidential health care information under Rhode Island law and are

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intended to be deemed protected health care information for purposes of the Federal Health

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Insurance Portability and Accountability Act of 1996, as amended; and

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     (vii) The sufficiency of the applicant's plans for safety and security, including proposed

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location, security devices employed, and staffing;

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     (4) After a compassion center is approved, but before it begins operations, it shall submit

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the following to the department:

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     (i) A fee paid to the department in the amount of five thousand dollars ($5,000);

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     (ii) The legal name and articles of incorporation of the compassion center;

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     (iii) The physical address of the compassion center; this may include a second address for

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the secure cultivation of marijuana;

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     (iv) The name, address, and date of birth of each principal officer and board member of

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the compassion center;

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     (v) The name, address, and date of birth of any person who will be an agent of or

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employed by the compassion center at its inception;

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     (5) The department shall track the number of registered qualifying patients who designate

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each compassion center as a primary caregiver, and issue a written statement to the compassion

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center of the number of qualifying patients who have designated the compassion center to serve

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as a primary caregiver for them. This statement shall be updated each time a new registered

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qualifying patient designates the compassion center or ceases to designate the compassion center

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and may be transmitted electronically if the department's regulations so provide. The department

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may provide by regulation that the updated written statements will not be issued more frequently

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than twice each week;

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     (6) Except as provided in subdivision (7), the department shall issue each principal

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officer, board member, agent, volunteer and employee of a compassion center a registry

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identification card or renewal card within ten (10) days of receipt of the person's name, address,

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date of birth, and a fee in an amount established by the department. Each card shall specify that

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the cardholder is a principal officer, board member, agent, volunteer, or employee of a

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compassion center and shall contain the following:

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     (i) The name, address, and date of birth of the principal officer, board member, agent,

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volunteer or employee;

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     (ii) The legal name of the compassion center to which the principal officer, board

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member, agent, volunteer or employee is affiliated;

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     (iii) A random identification number that is unique to the cardholder;

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     (iv) The date of issuance and expiration date of the registry identification card; and

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     (v) A photograph, if the department decides to require one;

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     (7) Except as provided in this subsection, the department shall not issue a registry

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identification card to any principal officer, board member, agent, volunteer, or employee of a

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compassion center who has been convicted of a felony drug offense. The department may

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conduct a background check of each principal officer, board member, agent, volunteer, or

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employee in order to carry out this provision. The department shall notify the compassion center

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in writing of the purpose for denying the registry identification card. The department may grant

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such person a registry identification card if the department determines that the offense was for

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conduct that occurred prior to the enactment of the Edward O. Hawkins and Thomas C. Slater

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Medical Marijuana Act or that was prosecuted by an authority other than the state of Rhode

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Island and for which the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act

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would otherwise have prevented a conviction;

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     (8) A registry identification card of a principal officer, board member, agent, volunteer,

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or employee shall expire one year after its issuance, or upon the expiration of the registered

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organization's registration certificate, whichever occurs first.

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     (d) Expiration or termination of compassion center:

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     (1) A compassion center's registration shall expire two (2) years after its registration

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certificate is issued. The compassion center may submit a renewal application beginning sixty

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(60) days prior to the expiration of its registration certificate;

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     (2) The department shall grant a compassion center's renewal application within thirty

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(30) days of its submission if the following conditions are all satisfied:

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     (i) The compassion center submits the materials required under subdivision (c)(4),

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including a five thousand dollar ($5,000) fee;

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     (ii) The department has not ever suspended the compassion center's registration for

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violations of this act or regulations issued pursuant to this act;

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     (iii) The legislative oversight committee's report, issued pursuant to subsection (j),

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indicates that the compassion center is adequately providing patients with access to medical

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marijuana at reasonable rates; and

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     (iv) The legislative oversight committee's report, issued pursuant to subsection (j), does

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not raise serious concerns about the continued operation of the compassion center applying for

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renewal.

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     (3) If the department determines that any of the conditions listed in paragraphs (d)(2)(i) –

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(iv) exist, the department shall begin an open application process for the operation of a

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compassion center. In granting a new registration certificate, the department shall consider factors

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listed in subdivision (c)(3);

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     (4) The department shall issue a compassion center one or more thirty (30) day temporary

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registration certificates after that compassion center's registration would otherwise expire if the

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following conditions are all satisfied:

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     (i) The compassion center previously applied for a renewal, but the department had not

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yet come to a decision;

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     (ii) The compassion center requested a temporary registration certificate; and

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     (iii) The compassion center has not had its registration certificate revoked due to

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violations of this act or regulations issued pursuant to this act.

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     (e) Inspection. Compassion centers are subject to reasonable inspection by the department

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of health, division of facilities regulation. The department shall give reasonable notice of an

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inspection under this subsection. During an inspection, the department may review the

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compassion center's confidential records, including its dispensing records, which may track

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transactions according to qualifying patients' registry identification numbers to protect their

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confidentiality.

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     (f) Compassion center requirements:

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     (1) A compassion center shall be operated on a not-for-profit basis for the mutual benefit

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of its patients. A compassion center need not be recognized as a tax-exempt organization by the

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Internal Revenue Services;

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     (2) A compassion center may not be located within five hundred feet (500’) of the

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property line of a preexisting public or private school;

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     (3) A compassion center shall notify the department within ten (10) days of when a

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principal officer, board member, agent, volunteer or employee ceases to work at the compassion

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center. His or her card shall be deemed null and void and the person shall be liable for any other

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penalties that may apply to the person's nonmedical use of marijuana;

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     (4) A compassion center shall notify the department in writing of the name, address, and

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date of birth of any new principal officer, board member, agent, volunteer or employee and shall

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submit a fee in an amount established by the department for a new registry identification card

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before a new agent or employee begins working at the compassion center;

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     (5) A compassion center shall implement appropriate security measures to deter and

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prevent the unauthorized entrance into areas containing marijuana and the theft of marijuana and

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shall insure that each location has an operational security alarm system.

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     (6) The operating documents of a compassion center shall include procedures for the

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oversight of the compassion center and procedures to ensure accurate record keeping;

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     (7) A compassion center is prohibited from acquiring, possessing, cultivating,

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manufacturing, delivering, transferring, transporting, supplying, or dispensing marijuana for any

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purpose except to assist registered qualifying patients with the medical use of marijuana directly

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or through the qualifying patients other primary caregiver;

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     (8) All principal officers and board members of a compassion center must be residents of

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the state of Rhode Island;

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     (9) Each time a new registered qualifying patient visits a compassion center, it shall

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provide the patient with frequently asked questions designed by the department, which explains

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the limitations on the right to use medical marijuana under state law;

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     (10) Each compassion center shall develop, implement, and maintain on the premises

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employee and agent policies and procedures to address the following requirements:

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     (i) A job description or employment contract developed for all employees and a volunteer

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agreement for all volunteers, which includes duties, authority, responsibilities, qualification, and

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supervision; and

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     (ii) Training in and adherence to state confidentiality laws.

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     (11) Each compassion center shall maintain a personnel record for each employee and

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each volunteer that includes an application for employment or to volunteer and a record of any

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disciplinary action taken;

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     (12) Each compassion center shall develop, implement, and maintain on the premises an

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on-site training curriculum, or enter into contractual relationships with outside resources capable

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of meeting employee training needs, which includes, but is not limited to, the following topics:

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     (i) Professional conduct, ethics, and patient confidentiality; and

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     (ii) Informational developments in the field of medical use of marijuana.

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     (13) Each compassion center entity shall provide each employee and each volunteer, at

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the time of his or her initial appointment, training in the following:

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     (i) The proper use of security measures and controls that have been adopted; and

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     (ii) Specific procedural instructions on how to respond to an emergency, including

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robbery or violent accident;

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     (14) All compassion centers shall prepare training documentation for each employee and

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have employees sign a statement indicating the date, time, and place the employee received said

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training and topics discussed, to include name and title of presenters. The compassion center shall

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maintain documentation of an employee's and a volunteer's training for a period of at least six (6)

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months after termination of an employee's employment or the volunteer's volunteering.

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     (g) Maximum amount of usable marijuana to be dispensed:

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     (1) A compassion center or principal officer, board member, agent, volunteer or

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employee of a compassion center may not dispense more than two and one half ounces (2.5 oz)

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of usable marijuana to a qualifying patient directly or through a qualifying patient’s other primary

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caregiver during a fifteen (15) day period;

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     (2) A compassion center or principal officer, board member, agent, volunteer or

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employee of a compassion center may not dispense an amount of usable marijuana or marijuana

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plants to a qualifying patient or a qualifying patient’s other primary caregiver that the compassion

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center, principal officer, board member, agent, volunteer, or employee knows would cause the

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recipient to possess more marijuana than is permitted under the Edward O. Hawkins and Thomas

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C. Slater Medical Marijuana Act.

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     (h) Immunity;

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     (1) No registered compassion center shall be subject to prosecution; search, except by the

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department pursuant to subsection (e); seizure; or penalty in any manner or denied any right or

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privilege, including, but not limited to, civil penalty or disciplinary action by a business,

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occupational, or professional licensing board or entity, solely for acting in accordance with this

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section to assist registered qualifying patients to whom it is connected through the department's

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registration process with the medical use of marijuana;

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     (2) No principal officers, board members, agents, volunteers, or employees of a registered

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compassion center shall be subject to arrest, prosecution, search, seizure, or penalty in any

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manner or denied any right or privilege, including, but not limited to, civil penalty or disciplinary

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action by a business, occupational, or professional licensing board or entity, solely for working

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for or with a compassion center to engage in acts permitted by this section.

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     (i) Prohibitions:

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     (1) A compassion center may not possess an amount of marijuana that exceeds the total

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of the allowable amount of marijuana for the registered qualifying patients for whom the

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compassion center is a registered primary caregiver;

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     (2) A compassion center may not dispense, deliver, or otherwise transfer marijuana to a

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person other than a qualifying patient who has designated the compassion center as a primary

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caregiver or to such patient's other primary caregiver;

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     (3) A person found to have violated paragraph (2) of this subsection may not be an

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employee, agent, principal officer, or board member of any compassion center, and such person's

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registry identification card shall be immediately revoked;

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     (4) No person who has been convicted of a felony drug offense may be the principal

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officer, board member, agent, volunteer, or employee of a compassion center unless the

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department has determined that the person's conviction was for the medical use of marijuana or

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assisting with the medical use of marijuana and issued the person a registry identification card as

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provided under subdivision (c)(7). A person who is employed by or is an agent, principal officer,

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or board member of a compassion center in violation of this section is guilty of a civil violation

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punishable by a fine of up to one thousand dollars ($1,000). A subsequent violation of this section

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is a gross misdemeanor:

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     (j) Legislative oversight committee.

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     (1) The general assembly shall appoint a nine (9) member oversight committee comprised

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of: one member of the house of representatives; one member of the senate; one physician to be

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selected from a list provided by the Rhode Island medical society; one nurse to be selected from a

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list provided by the Rhode Island state nurses association; two (2) registered qualifying patients;

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one registered primary caregiver; one patient advocate to be selected from a list provided by the

17-1

Rhode Island patient advocacy coalition; and one representative of the law enforcement

17-2

community.

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     (2) The oversight committee shall meet at least six (6) times per year for the purpose of

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evaluating and making recommendations to the general assembly regarding:

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     (i) Patients' access to medical marijuana;

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     (ii) Efficacy of compassion center;

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     (iii) Physician participation in the Medical Marijuana Program;

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     (iv) The definition of qualifying medical condition;

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     (v) Research studies regarding health effects of medical marijuana for patients.

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     (3) On or before January 1 of every even numbered year, the oversight committee shall

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report to the general assembly on its findings.

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     SECTION 3. This act shall take effect upon passage.

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LC00834

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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

***

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     This act would make various changes to the medical marijuana act, including the creation

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and regulation of compassion centers to aid qualifying patients and their registered primary

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caregivers with respect to this act.

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     This act would take effect upon passage.

=======

LC00834

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