2007 -- H 6005 AS AMENDED

=======

LC01366

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2007

____________

A N A C T

RELATING TO FOOD AND DRUGS -- THE EDWARD O. HAWKINS AND THOMAS C.

SLATER MEDICAL MARIJUANA ACT

     Introduced By: Representatives Slater, Williamson, Lewiss, Costantino, and Segal

     Date Introduced: March 01, 2024

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

1-1

     SECTION; 1. Sections 21-28.6-1, 21-28.6-2, 21-28.6-3, 21-28.6-4, 21-28.6-5, 21-28.6-6,

1-2

21-28.6-7, 21-28.6-8, 21-28.6-9 and 21-28.6-10 of the General Laws in Chapter 21-28.6 entitled

1-3

"The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act" are hereby amended to

1-4

read as follows:

1-5

     21-28.6-1. Short title. [Repealed effective June 30, 2007.] -- This chapter shall be

1-6

known and may be cited as "The Edward O. Hawkins and Thomas C. Slater Medical Marijuana

1-7

Act."

1-8

     21-28.6-2. Legislative findings. [Repealed effective June 30, 2007.] -- The general

1-9

assembly finds and declares that:

1-10

      (1) Modern medical research has discovered beneficial uses for marijuana in treating or

1-11

alleviating pain, nausea and other symptoms associated with certain debilitating medical

1-12

conditions, as found by the National Academy of Sciences' Institute of Medicine in March 1999.

1-13

      (2) According to the U.S. Sentencing Commission and the Federal Bureau of

1-14

Investigation, ninety-nine (99) out of every one hundred (100) marijuana arrests in the United

1-15

States are made under state law, rather than under federal law. Consequently, changing state law

1-16

will have the practical effect of protecting from arrest the vast majority of seriously ill people

1-17

who have a medical need to use marijuana.

1-18

      (3) Although federal law currently prohibits any use of marijuana, the laws of Alaska,

2-1

California, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Vermont, and Washington

2-2

permit the medical use and cultivation of marijuana. Rhode Island joins in this effort for the

2-3

health and welfare of its citizens.

2-4

      (4) States are not required to enforce federal law or prosecute people for engaging in

2-5

activities prohibited by federal law. Therefore, compliance with this chapter does not put the state

2-6

of Rhode Island in violation of federal law.

2-7

      (5) State law should make a distinction between the medical and nonmedical use of

2-8

marijuana. Hence, the purpose of this chapter is to protect patients with debilitating medical

2-9

conditions, and their physicians and primary caregivers, from arrest and prosecution, criminal and

2-10

other penalties, and property forfeiture if such patients engage in the medical use of marijuana.

2-11

      (6) The general assembly enacts this chapter pursuant to its police power to enact

2-12

legislation for the protection of the health of its citizens, as reserved to the state in the Tenth

2-13

Amendment of the United States Constitution.

2-14

     21-28.6-3. Definitions. [Repealed effective June 30, 2007.] -- The purposes of this

2-15

chapter:

2-16

      (1) "Debilitating medical condition" means:

2-17

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

2-18

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

2-19

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

2-20

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

2-21

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

2-22

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

2-23

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

2-24

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

2-25

provided for in section 21-28.6-5.

2-26

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

2-27

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

2-28

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

2-29

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

2-30

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

2-31

associated with the medical condition.

2-32

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

2-33

pursuant to chapter 37 of title 5.

2-34

      (6) "Primary caregiver" means a person who is at least twenty-one (21) years old and

3-1

who has agreed to assist with a person's medical use of marijuana and who doesn't have a felony

3-2

drug conviction. A primary caregiver may assist no more than five (5) qualifying patients with

3-3

their medical use of marijuana.

3-4

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

3-5

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

3-6

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

3-7

identifies a person as a qualifying patient or primary caregiver.

3-8

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

3-9

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

3-10

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

3-11

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

3-12

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

3-13

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

3-14

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

3-15

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

3-16

debilitating medical condition or conditions.

3-17

     21-28.6-4. Protections for the medical use of marijuana. [Repealed effective June 30,

3-18

2007.] -- (a) A qualifying patient who has in his or her possession a registry identification card

3-19

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

3-20

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

3-21

occupational or professional licensing board or bureau, for the medical use of marijuana;

3-22

provided, that the qualifying patient possesses an amount of marijuana that does not exceed

3-23

twelve (12) marijuana plants and two and one-half (2.5) ounces of usable marijuana. Said plants

3-24

shall be stored in an indoor facility.

3-25

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

3-26

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

3-27

registered primary caregiver.

3-28

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

3-29

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

3-30

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

3-31

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

3-32

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

3-33

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

3-34

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

4-1

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

4-2

process.

4-3

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

4-4

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

4-5

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

4-6

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

4-7

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

4-8

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

4-9

condition or symptoms associated with the medical condition.

4-10

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

4-11

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

4-12

controlled substances.

4-13

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

4-14

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

4-15

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

4-16

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

4-17

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

4-18

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

4-19

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

4-20

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

4-21

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

4-22

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

4-23

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

4-24

assisting a registered qualifying patient with using or administering marijuana.

4-25

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

4-26

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

4-27

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

4-28

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

4-29

substances with a patient.

4-30

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

4-31

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

4-32

patient, or to permit a person to assist with a qualifying patient's medical use of marijuana, shall

4-33

have the same force and effect as a registry identification card issued by the department.

4-34

     (k) Notwithstanding the provisions of subsection 21-28.6-3(6) or subsection 21-28.6-4(c),

5-1

no primary caregiver shall possess an amount of marijuana in excess of twenty-four (24)

5-2

marijuana plants and five (5) ounces of usable marijuana for qualifying patients to whom he or

5-3

she is connected through the department's registration process.

5-4

     21-28.6-5. Department to issue regulations. [Repealed effective June 30, 2007.] -- (a)

5-5

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

5-6

promulgate regulations governing the manner in which it shall consider petitions from the public

5-7

to add debilitating medical conditions to those included in this chapter. In considering such

5-8

petitions, the department shall include public notice of, and an opportunity to comment in a

5-9

public hearing, upon such petitions. The department shall, after hearing, approve or deny such

5-10

petitions within one hundred eighty (180) days of submission. The approval or denial of such a

5-11

petition shall be considered a final department action, subject to judicial review. Jurisdiction and

5-12

venue for judicial review are vested in the superior court. The denial of a petition shall not

5-13

disqualify qualifying patients with that condition, if they have a debilitating medical condition.

5-14

The denial of a petition shall not prevent a person with the denied condition from raising an

5-15

affirmative defense.

5-16

      (b) Not later than ninety (90) days after the effective date of this chapter, the department

5-17

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

5-18

renewals of registry identification cards for qualifying patients and primary caregivers. The

5-19

department's regulations shall establish application and renewal fees that generate revenues

5-20

sufficient to offset all expenses of implementing and administering this chapter. The department

5-21

may vary the application and renewal fees along a sliding scale that accounts for a qualifying

5-22

patient's or caregiver's income. The department may accept donations from private sources in

5-23

order to reduce the application and renewal fees.

5-24

     21-28.6-6. Administration of regulations. [Repealed effective June 30, 2007.] -- (a)

5-25

The department shall issue registry identification cards to qualifying patients who submit the

5-26

following, in accordance with the department's regulations:

5-27

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

5-28

      (2) Application or renewal fee;

5-29

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

5-30

the patient is homeless, no address is required;

5-31

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

5-32

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

5-33

if any.

5-34

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

6-1

under the age of eighteen (18) unless:

6-2

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

6-3

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

6-4

legal custody of the qualifying patient; and

6-5

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

6-6

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

6-7

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

6-8

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

6-9

medical use of marijuana by the qualifying patient.

6-10

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

6-11

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

6-12

thirty (30) fifteen (15) days of receiving it. The department may deny an application or renewal

6-13

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

6-14

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

6-15

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

6-16

for judicial review are vested in the superior court.

6-17

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

6-18

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

6-19

primary caregivers per qualifying patient.

6-20

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

6-21

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

6-22

issuance. Registry identification cards shall contain:

6-23

     (1) Name, address, and date of birth of the qualifying patient;

6-24

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

6-25

patient, if any;

6-26

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

6-27

     (4) (2) A random registry identification number; and

6-28

     (5) (3) A photograph.; and

6-29

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

6-30

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

6-31

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

6-32

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

6-33

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

6-34

such change.

7-1

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

7-2

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

7-3

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

7-4

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

7-5

apply to the person's nonmedical use of marijuana.

7-6

      (3) A registered primary caregiver shall notify the department of any change in his or her

7-7

name or address within ten (10) days of such change. A primary caregiver who fails to notify the

7-8

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

7-9

more than one hundred fifty dollars ($150).

7-10

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

7-11

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

7-12

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

7-13

updated information and a ten dollar ($10.00) fee.

7-14

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

7-15

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

7-16

primary caregiver's protections as provided in this chapter shall expire ten (10) days after

7-17

notification by the department.

7-18

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

7-19

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

7-20

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

7-21

registry identification card with new random identification number.

7-22

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

7-23

this chapter as determined by the department, his or her registry identification card may be

7-24

revoked.

7-25

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

7-26

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

7-27

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

7-28

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

7-29

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

7-30

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

7-31

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

7-32

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

7-33

department has issued registry identification cards and shall notify local and state law

7-34

enforcement of the number of qualified patients in any given city or town. Individual names and

8-1

other identifying information on the list shall be confidential, exempt from the provisions of

8-2

Rhode Island Access to Public Information, chapter 2 of title 38, and not subject to disclosure,

8-3

except to authorized employees of the department as necessary to perform official duties of the

8-4

department.

8-5

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

8-6

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

8-7

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

8-8

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

8-9

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

8-10

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

8-11

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

8-12

department.

8-13

      (k) On or before January 1, 2007 of each odd numbered year, the department shall report

8-14

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

8-15

Judiciary on the use of marijuana for symptom relief. The report shall provide:

8-16

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

8-17

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

8-18

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

8-19

practitioners providing written certification for qualifying patients;

8-20

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

8-21

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

8-22

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

8-23

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

8-24

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

8-25

this chapter; and

8-26

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

8-27

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

8-28

for marijuana.

8-29

     21-28.6-7. Scope of chapter. [Repealed effective June 30, 2007.] -- (a) This chapter

8-30

shall not permit:

8-31

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

8-32

would constitute negligence or professional malpractice;

8-33

      (2) The smoking of marijuana:

8-34

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

9-1

      (ii) On any school grounds;

9-2

      (iii) In any correctional facility;

9-3

      (iv) In any public place; or

9-4

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

9-5

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

9-6

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

9-7

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

9-8

metabolites in his or her system.

9-9

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

9-10

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

9-11

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

9-12

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

9-13

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

9-14

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

9-15

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

9-16

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

9-17

     21-28.6-8. Affirmative defense and dismissal. [Repealed effective June 30, 2007.] --

9-18

(a) Except as provided in section 21-28.6-7, a person and a person's primary caregiver, if any,

9-19

may assert the medical purpose for using marijuana as a defense to any prosecution involving

9-20

marijuana, and such defense shall be presumed valid where the evidence shows that:

9-21

      (1) The qualifying patient's medical records indicate and a practitioner has stated that, in

9-22

the practitioner's professional opinion, after having completed a full assessment of the person's

9-23

medical history and current medical condition made in the course of a bona fide practitioner-

9-24

patient relationship, the potential benefits of using marijuana for medical purposes would likely

9-25

outweigh the health risks for the qualifying patient; and

9-26

      (2) The person and the person's primary caregiver, if any, were collectively in possession

9-27

of a quantity of marijuana that was not more than what is permitted under this chapter to ensure

9-28

the uninterrupted availability of marijuana for the purpose of alleviating the person's medical

9-29

condition or symptoms associated with the medical condition.

9-30

      (b) A person may assert the medical purpose for using marijuana in a motion to dismiss,

9-31

and the charges shall be dismissed following an evidentiary hearing where the defendant shows

9-32

the elements listed in subsection (a) of this section.

9-33

      (c) Any interest in or right to property that was possessed, owned, or used in connection

9-34

with a person's use of marijuana for medical purposes shall not be forfeited if the person or the

10-1

person's primary caregiver demonstrates the person's medical purpose for using marijuana

10-2

pursuant to this section.

10-3

     21-28.6-9. Enforcement. [Repealed effective June 30, 2007.] -- (a) If the department

10-4

fails to adopt regulations to implement this chapter within one hundred twenty (120) days of the

10-5

effective date of this act, a qualifying patient may commence an action in a court of competent

10-6

jurisdiction to compel the department to perform the actions mandated pursuant to the provisions

10-7

of this chapter.

10-8

      (b) If the department fails to issue a valid registry identification card in response to a

10-9

valid application submitted pursuant to this chapter within thirty-five (35) days of its submission,

10-10

the registry identification card shall be deemed granted and a copy of the registry identification

10-11

application shall be deemed valid registry identification card.

10-12

     21-28.6-10. Severability. [Repealed effective June 30, 2007.] -- Any section of this act

10-13

being held invalid as to any person or circumstances shall not affect the application of any other

10-14

section of this act that can be given full effect without the invalid section or application.

10-15

     SECTION; 2. Section 21-28.6-11 of the General Laws in Chapter 21-28.6 entitled "The

10-16

Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act" is hereby repealed.

10-17

     21-28.6-11. Sunset provision. -- The provisions of this chapter shall be repealed

10-18

effective June 30, 2007.

10-19

     SECTION; 3. This act shall take effect upon passage.

=======

LC01366

========

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

***

11-1

     This; act would remove the repeal date for the medical marijuana act and would expand

11-2

the definition of primary caregiver.

11-3

     This; act would take effect upon passage.

=======

LC01366

=======