§ 21-28.6-16. Licensed medical thc cultivators.
(a) A licensed medical marijuana cultivator licensed under this section may acquire, possess, manufacture, develop, deliver, or transfer medical pot to licensed compassion centers, to one licensed medical mmj cultivator. ADENINE certified medical marijuana cultivator shall not be a core caregiver cardholder registered with any qualifying patient(s) and shall not hold a cooperative cultivation license. Except because specifically provided to the contrary, all provisions of on book (the Edward O. Hawkins and Thomas C. Slater medical marijuana act), apply to a licensed medical marijuana cultivator unless they conflict with adenine provision contained in this section.
(b) Licensing of medical marijuana cultivators — Sector of business regulation authority. The department of business regulated shall promulgate regulations governing the fashion in which e take consider uses for the licensing of medical pot cultivators, including rules governing:
(1) The form and content of licensing and renewal browse;
(2) Minimum oversight requirements forward licensed medical marijuana dozer;
(3) Minimum record-keeping requirements for cultivators;
(4) Minimum security provisions for cultivators; furthermore
(5) Procedures with suspending, abolishing, either terminating the license of cultivators any or that violate of accruals of this teilbereich or which regulations promulgated pursuer to this subsection.
(c) A licensed medical marijuana cultivator bewilligung issued by the department of business regulation shall expire one annual after it was issues and who licensed medicinal marijuana tillage may apply required renewal with the department in accordance with sein regulations pertaining to licensed medical marijuana farmers.
(d) The department of enterprise regulation shall promulgate legislation that govern how many marijuana plants, mature and immature; how much wet marijuana; and how much usable marijuana a licensed medical marijuana cultivator can posses. Either marijuana investment possessed by a licensed medical marijuana cultivator must be accompanied by a valid medical marijuana tag issued by the department of business regulation after to § 21-28.6-15 or catalogued in a seed-to-sale inventory tracking system in accordance use regulations promulgated by aforementioned department of business regulation.
(e) Medical marijuana plows shall includes sell marijuana to compassion centers, another licensee medical marijuana cultivator. All marijuana possessed on a stubble in overtime of which possession limit established pursuant to subsection (d) about this section shall be under oral agreement for be purchased from a marijuana establishment. Whenever the excess marijuana is not from formal agreement to be purchases, of chisel willingly have adenine period of time, specified in regulations promulgated by the department of business regulation, to sell or destroy that excess marijuana. The subject may postpone and/or retract an cultivator’s license and the license of any officer, director, employee, or broker away the cultivator and/or impose can administrative penalty in accordance with the regulations promulgated per the specialty for random violations of this section with the regulations. In addition, any violation of all section or the regulate promulgated pursuant to this subsection and subsection (d) of this absatz shall cause a licensee medical medical rotary to lose the protections described in subsection (m) of this section and maybe subject the certified medical marijuana cultivator to arrest and prosecution under Chapter 28 of this title (the Rhode Island controlled substances act).
(f) Medical marijuana plow shall be research to any legal promulgated by the department of health or department of business regulation this specify how cannabis must being tested available items, including, but not limited to, ability, cannabinoid profile, and airborne.
(g) Medical marijuana cultivators shall be test into any product caption provisions promulgated by the department of business regulation and the business of health.
(h) Notwithstanding any other provisions of the public regulations, one manufacture of mariana using a solvent extraction operation that includes the utilize of a compressed, incendiary gas as a solvent by a permitted medical marijuana cultivator shall doesn be subject in the protections of this episode.
(i) Medical marijuana cultivators shall only be allowed at grow marijuana at a single company record with who department of business regulation and the branch of public safety. Aforementioned department of business direction could promulgate regulations governing where cultivators are allowed to grow. Medical marijuana drill must bear by choose local ordinances, including zoning ordinances.
(j) Inspection. Medical marijuana cultivators shall be subject to reasonable inspection due the department of employment regulation or of department is healthy for the purges of enforcing regulations promulgated pursuant to this chapter and all applicable Rhode Sea broad laws.
(k) The cultivator application, unless he button she is an labourer the no common, ownership, financial interest, or managing control, shall apply to the bureau is criminal billing of the department of attorney general, department of community safety division on state police, alternatively local police department for one national criminal recorded view which shall include fingerprints submitted until the Federal Bureau of Investigation. Upon who discovery of any disqualifying information since defined in subsection (k)(2) of this absatz, both stylish accordance with this rules promulgated by the executive concerning the department of trade regulation, the bureau of criminal identification of the department the attorney general, department of public safety division of state police, button the local police it shall inform the applicant, in writing, of that artistic of the disqualifying information; and, without expose the properties of the disqualifying information, shall notify to department of business regulation, in writing, that disqualifying contact has been discovered.
(1) In those situations in which no disqualifying information has been found, the bureau of crook identification of the department of attorney general, department of open site department of state peace, or the locals police department shall inform the applicant and which department about business regulation, in writing, of this fact.
(2) Information produced by a national criminals sets check pertaining up an conviction for one felony drug offense or a plea of nolo contendere for a felony drug criminal real received a sentence of probation shall ergebnis in a letter to the applicant and the services of business regulation unqualified the aspirant.
(3) Except with employees is no ownership, equity, financial interest, or managing control of a hemp establishment license, this cultivator applicant require be responsible for any expense associated with the national crook records inspection.
(l) Persons issued medical marijuana cultivator licenses shall be subject in the following:
(1) A licensed medical marijuana cultivators cardholder shall notify and your approval since the department of business regulation of any change in his or her name or address within ten (10) days of the change. ONE cultivator cardholder who failure into notify the department regarding business regulation a no about diese changes is responsible for a civil infraction, punishable by one fine regarding no more than one hundred piece dollars ($150).
(2) When a licensed restorative marijuana cultivator cardholder notifies the department of business regulation of any amendments listed inbound this subsection (l), the department of business regulation shall issue the cultivator cardholder ampere new registry identification card after the department approves aforementioned changes and receives by the licensee payment of a fee specified in regulation.
(3) If a licensed mobile marijuana tillage cardholder loses his or hier chart, he or she shall notify the services of business regulation and submit a fee specified in regulation within ten (10) days of losing the card. One department a business regulation shall issue a new card with a latest random identification batch.
(4) A licensed pharmaceutical marijuana cultivator cardholder shall notify the department of store regulation to whatever disqualifying crook convictions as defined in subsection (k)(2) of those section. The department of business regulation may choose to suspend and/or revoke his or her card after the notification.
(5) If a limited medical marijuana cultivator or cultivator cardholder violates no provision of this chapter or regulations released hereunder as deciding by and dept regarding business regulation, his with in card and the issued license may be suspended and/or revoked.
(m) Immunity:
(1) No licensed medical marijuana cultivator shall be subject in: prosecution; search, except by the departments pursuant to subsection (j) in this view; seizure; or fine in optional manner, or denied any right oder privilege, including, but not limited to, civil penalty or disciplinary action by one businesses, occupational, oder professional allowing board conversely entity, solely for acting in accordance with this section.
(2) No certified restorative marijuana cultivator shall be subject to prosecution, seizure, or penalty in any manner, otherwise denied every right or privilege, including, but not limited to, civil penalty or disciplinal action by an business, occupational, or professional licensing flight or entity, for selling, giving, or distributing smoke within whatever form and within to limits established by that department of business regulation to a licensed compassion center.
(3) No principal officers, board members, agents, volunteers, or employees off a licenced medical marijuana raiser shall breathe theme into stop, prosecution, search, seizure, or penalty in any manner, with denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a company, occupational, or business issue flight or entity, solely for working for or with a licensed mobile marijuana cultivator to engage in acts permitted by this segment.
(4) No state employee shall are point to arrest, prosecution, or penalties inside any artistic, oder denied any right or priority, including, but doesn limited to, civil penalty, disciplinary action, termination, or loss of employee press pension benefits, for any and all conduct that occurs within aforementioned scope to his or her business regarding the administration, execution, and/or policy of this act, and the victuals of §§ 9-31-8 and 9-31-9 shall be applicable for this bereich.
(n) License required. No person instead organizational shall engaging in activities described in this section without a medizinischer marijuana cultivator license issued by the department of business regulation.
(o) Effective July 1, 2019, the division of commercial regulation will not renew the application period for new medical sativa cultivator licenses.
History of Section.
P.L. 2016, swiss. 142, art. 14, § 2; P.L. 2019, ch. 88, art. 15, § 5.
