How does the 2009 amendment (text here) change the Medical Marijuana Act?
Non-profit Compassion Centers
The Department of Health will license 3 non-profit Compassion Centers to grow and distribute medical marijuana for an unlimited number of patients. One Compassion Center will be licensed in 2010, and two more in 2011. The Department will regulate the Compassion Centers' record-keeping and security. There will be an application fee of $250, and, if the application is accepted, an annual license fee of $5,000.
A Compassion Center:
- Must be a non-profit organization;
- Must be located at least 500 feet from a school;
- Must have good oversight and record-keeping procedures;
- Must have alarm and security measures to deter theft;
- Must have only Rhode Islanders on their Board of Directors;
- Must train employees on confidentiality, ethics, security, and professional conduct;
- Can have two locations, one for cultivation and one for distribution;
- Cannot dispense over 2.5 oz. or 12 plants to any patient within 15 days;
- Cannot possess more than the total oz./plants possession limits of its patients.
Licenses will be issued to three Compassion Centers, based on a public hearing and these criteria:
- Applicant's convenience to patients throughout Rhode Island;
- Applicant's ability to provide a steady supply of medical marijuana to patients;
- Applicant's experience running a non-profit or other business;
- Wishes of qualifying patients;
- Wishes of the city or town where the Compassion Center would be located;
- Sufficiency of applicant's plans for confidential record-keeping;
- Sufficiency of applicant's plans for safety and security.
Timeline:
- The 2009 Medical Marijuana Act passed on 6/16/09.
- The Department of Health shall issue regulations and an application form by 9/16/09.
- The Department of Health shall hold a public hearing on the applicants by 11/16/09.
- The Department of Health shall issue the first Compassion Center license by 1/16/10.
- The Department of Health shall begin accepting applications for the second and third Compassion Center licenses by 6/16/11.
Compassion Center Oversight Committee
A legislative oversight committee will be convened to examine the compassion center's operation. The nine members will include a state representative, a state senator, a doctor, a nurse, two patients, a caregiver, a representative of RIPAC, and a representative of the law enforcement community. This committee will issue biannual reports.
Plant Limits
Previously, licensed patients were allowed 12 plants, regardless of stage of growth. Now, patients are allowed 12 mature plants ("plant which has flowers or buds that are readily observable by an unaided visual examination") and 12 immature plants ("plant with no observable flowers or buds"). Caregivers are also allowed 12 immature plants, regardless of how many mature plants they are allowed. Cardholders may also now possess a "reasonable" amount of seeds, stalks, and roots, which do not count toward the 12-plant limit or the 2.5-ounce limit.
Out-of-state Recommendations
Previously, only Rhode Island practitioners (anyone licensed to prescribe drugs in Rhode Island: a physician, nurse practitioner, or physician assistant) could certify Rhode Island patients for the Medical Marijuana Program. Now, Massachusetts and Connecticut
physicians can also recommend marijuana for Rhode Island patients.
Sharing Medicine
Any licensed patient or caregiver may give away medical marijuana to any other licensed patient or caregiver, as long as they don't exceed their possession limits (2.5 ounces + 12 mature plants + 12 immature plants).
Organ Transplants
Patients cannot be denied an organ transplant based upon their use of medical marijuana.
Caregiver Qualifications
Previously, a felony drug conviction automatically disqualified a person from serving as a primary caregiver. Now, the Department of Health is allowed to make exceptions, and allow persons with drug felony convictions to serve as caregiver, at the Department's discretion. Additionally, the Department will issue a license if the drug felony was from before 2006.
Medical Studies
The new patient application form will now include a question asking whether the patient would like to be informed by Department of Health of clinical studies involving medical marijuana.
Child Welfare
Patients cannot use marijuana in places where exposure to marijuana smoke significantly adversely affects the health, safety, or welfare of children.
