Cali ain't got shit on Little Rhody!!

2010 -- H 7838

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LC01393

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STATE OF RHODE ISLAND



IN GENERAL ASSEMBLY



JANUARY SESSION, A.D. 2010



____________





A N A C T

RELATING TO FOOD AND DRUGS -- TAXATION AND REGULATION OF MARIJUANA







Introduced By: Representatives Ajello, and Driver



Date Introduced: February 25, 2010



Referred To: House Judiciary









It is enacted by the General Assembly as follows:


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&nbspSECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby
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amended by adding thereto the following chapter:
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CHAPTER 37
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TAXATION AND REGULATION OF MARIJUANA ACT
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21-37-1. Short title. – This chapter shall be known and may be cited as the “taxation and
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regulation of marijuana act.”
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21-37-2. Legislative findings. – It is hereby found and declared as follows:
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(1) In Rhode Island, the nation, and internationally there is an increasing call to take a
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careful look at marijuana policies, their effectiveness, their consequences, and the economic costs
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associated with them;
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(2) In June 2005, five hundred thirty (530) economists, including three (3) Nobel
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Laureates, endorsed a study on the costs of marijuana prohibition by Harvard professor Dr.
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Jeffrey Miron and called for “an open and honest debate about marijuana prohibition,” adding,
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“We believe such a debate will favor a regime in which marijuana is legal but taxed and regulated
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like other goods.”
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(3) Heads of state in countries that have been scarred by drug cartel violence are
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beginning to call for a reexamination of drug policies, with past presidents of three Latin
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American countries – calling on the U.S. to consider decriminalization of marijuana;
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(4) In 2003 the UNODC World Drug Report estimated that the worldwide illicit retail
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market for marijuana is worth one hundred thirteen billion dollars ($113,000,000,000);
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(5) The complete lack of marijuana market regulation ensures that marijuana production
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and distribution are in the hands of unlicensed growers, untaxed and unmonitored, and the
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product is not controlled or regulated for safety concerns;
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(6) Rhode Island has been a leader in the nation on medical marijuana policy reform, and
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during the debate on the issue the legislature learned of violence that is created by marijuana
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being sold on the criminal market;
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(7) There were more than eight hundred forty seven thousand (847,000) arrests for
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marijuana offenses in the United States in 2008, which is more than the entire adult population in
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Rhode Island;
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(8) Of more than eight hundred forty seven thousand (847,000) marijuana-related arrests
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in 2008 just over six thousand three hundred (6,300) suspects were booked by federal law
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enforcement – less than one percent (1%) – demonstrating that nearly all marijuana arrests occur
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on the state level, and thus state legislative action has the capacity to significantly change policy;
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(9) There were more than two thousand (2,000) arrests for marijuana offenses in the State
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of Rhode Island in 2007;
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(10) There is an alarming racial disparity in marijuana arrest in Rhode Island, with
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African-Americans arrested at nearly three (3) times the rate of caucasians in 2007, although their
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marijuana usage rates were very similar;
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(11) Decades of arresting millions of marijuana users has failed to prevent teenagers or
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anyone else from using marijuana: a study published in the American Journal of Public Health
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compared marijuana use and sales are de facto legal, found “no evidence to support claims that
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criminalization reduces (marijuana) use”; and
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(12) Allowing adults aged twenty-one (21) and older to use marijuana legally in the
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privacy of their homes would allow police to spend more time preventing and investigating
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serious crimes like murder, rape, assault, robbery, burglary, and driving under the influence of
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alcohol and other drugs and would create substantial savings.
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21-37-3. Definitions. – As used in this chapter and in chapter 21-36, the following words
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and phrases have the following meanings, unless the context clearly requires otherwise. (1)
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“Department” means the State of Rhode Island department of business regulation.
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(2) “Marijuana” means all parts of the plant Cannabis sativa L., whether growing or not;
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the seeds thereof; the resin extracted from any part of the plant; and every compound,
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manufacture, salt, the plant, fiber produced from the stalks, oil or cake made from the seeds of the
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plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature
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stalks (except the resin extracted from it), fiber, oil, or cake, or the sterilized seed of the plant that
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is incapable of germination.
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(3) “Marijuana paraphernalia” means equipment, products, and materials which are used
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or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing,
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compounding, converting, producing, processing, preparing, testing, analyzing, packaging,
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repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing
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marijuana into the human body.
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(4) “Registered safety compliance facility” means an entity registered under section 21-
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36-9 with the department to provide one or both of the following services: training, including that
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related to cultivation of marijuana, safe handling of marijuana, marijuana research, and security
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and inventory procedures; and testing for potency and contaminants.
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(5) “Registry identification zip tie” means a zip tie issued by the department that
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identifies a marijuana plant that is legally registered for personal cultivation and is not affiliated
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with a retailer or wholesaler.
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(6) “Retailer” means an entity registered pursuant to section 21-36-2 of the Rhode Island
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general laws to purchase marijuana from a wholesaler and to sell marijuana and marijuana
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paraphernalia to customers.
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(7) “State prosecution” means prosecution initiated or maintained by the State of Rhode
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Island or an agency or political subdivision of the State of Rhode Island.
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(8) “Verification system” means a phone or web-based system that is in operation
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twenty-four (24) hours a day that law enforcement personnel shall use to verify registry
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identification zip ties and that shall be established and maintained by the department pursuant to
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subdivision (13).
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(9) “Wholesaler” means an entity registered pursuant to section 21-36-5 of the Rhode
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Island general laws to cultivate, prepare, package, and sell marijuana to a retailer or another
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wholesaler, but not to sell marijuana to the general public.
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21-37-4. Exemption. – (a) A person who is twenty-one (21) years of age or older and
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who acts in compliance with the provisions of this chapter is exempt from arrest, civil or criminal
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penalty, seizure or forfeiture of assets, discipline by any state or local licensing board, and state
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prosecution for the following acts:
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(1) Actually and constructively using, obtaining, purchasing, transporting, or possessing
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one ounce or less of marijuana. As used herein, “one ounce or less of marijuana” includes one
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ounce or less of marijuana, or any mixtures or preparation thereof (including, but not limited to,
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five (5) grams or less of hashish). The weight of any non-marijuana ingredients combined with
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marijuana, such as in a preparation for topical administration or for consumption as food or drink,
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shall not count toward the one ounce limit.
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(2) Controlling any premises or vehicle where up to one ounce of marijuana per person
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who is twenty-one (21) years of age or older is possessed deposited.
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(3) Using, obtaining, purchasing, transporting, or possessing, actually or constructively,
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marijuana paraphernalia.
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(4) Selling marijuana seeds to a wholesaler.
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(5) Manufacturing, possessing, or producing marijuana paraphernalia.
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(6) Selling marijuana paraphernalia to retailers, wholesalers, or persons who are twenty
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one (21) years of age or older.
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(7) Transferring one ounce or less of marijuana without remuneration to a person who is
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twenty one (21) years of age or older.
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(8) Aiding and abetting another person who is twenty one (21) years of age or older in the
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possession or use of one ounce or less of marijuana.
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(9) Aiding and abetting another person who is twenty-one (21) years of age or older in
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the possession or use of marijuana paraphernalia.
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(10) Cultivating three (3) marijuana plants or less in compliance with this chapter, where
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the cultivator possesses valid registry identification zip ties, which are either affixed to or beside
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each plant.
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(11) Any combination of the acts described in subdivisions (a)(1) through (a)(10),
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inclusive.
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(b) A retailer or any person who is twenty-one (21) years of age or older and acting in his
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or her capacity as an owner, employee, or agent of a retailer who acts in compliance with the
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provisions of this chapter is exempt from arrest, civil or criminal penalty, seizure or forfeiture of
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assets, discipline by any state or local licensing board, and state prosecution for the following
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acts:
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(1) Transporting or possessing, actually or constructively, marijuana that was purchased
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from a wholesaler.
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(2) Possession of marijuana paraphernalia.
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(3) Obtaining or purchasing marijuana from a wholesaler.
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(4) Manufacturing, possessing, producing, obtaining, or purchasing marijuana
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paraphernalia.
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(5) Selling marijuana or marijuana paraphernalia which originates from a wholesaler to
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any person who is twenty one (21) years of age or older.
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(6) Aiding and abetting any person who is twenty-one (21) years of age or older in the
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possession or use of one ounce or less of marijuana.
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(7) Aiding and abetting any person who is twenty-one (21) years of age or older in the
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possession or use of marijuana paraphernalia.
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(8) Controlling any premises or vehicle where marijuana and marijuana paraphernalia is
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possessed, sold, or deposited in accordance with this chapter.
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(9) Any combination of the acts described in subdivisions (b)(1) through (b)(8), inclusive.
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(c) A wholesaler or any person who is twenty-one (21) years of age or older and acting in
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his or her capacity as an owner, employee, or agent of a wholesaler who acts in compliance with
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the provisions of this chapter is exempt from arrest, civil or criminal penalty, seizure or forfeiture
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of assets, discipline by any state or local licensing board, and state prosecution for the following
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acts:
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(1) Cultivating, packing, processing, transporting, or manufacturing marijuana.
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(2) Transporting or possessing marijuana that was produced by the wholesaler or another
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wholesaler.
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(3) Transporting or possessing marijuana seeds.
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(4) Possession of marijuana paraphernalia.
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(5) Selling marijuana or marijuana paraphernalia to a retailer or a wholesaler.
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(6) Purchasing marijuana seeds from a person who is twenty-one (21) years of age or
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older.
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(8) Controlling any premises or vehicle where marijuana and marijuana paraphernalia is
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possessed, manufactured, sold or deposited in accordance with this chapter.
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(9) Any combination of the acts described in subdivisions (c)(1) through (c)(8), inclusive.
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(d) By way of clarification, the actions identified and described in this section, when
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undertaken in compliance with the provisions of this chapter, are lawful under Rhode Island state
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law.
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21-37-5. Defenses. – (a) In a prosecution for selling, giving, or otherwise furnishing
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marijuana or marijuana paraphernalia to any person who is under twenty-one (21) years of age, it
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is a complete defense if:
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(1) The person who sold, gave, or otherwise furnished marijuana or marijuana
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paraphernalia to a person who is under twenty-one (21) years of age, was a retailer or was acting
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in his or her capacity as an owner, employee, or agent of a retailer at the time the marijuana or
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marijuana paraphernalia was sold, given or otherwise furnished to the person; and
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(2) Immediately before selling, giving, or otherwise furnishing marijuana or marijuana
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paraphernalia to a person who is under twenty-one (21) years of age the person who sold, gave, or
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otherwise furnished the marijuana or marijuana paraphernalia was shown a document which
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appeared to be issued by an agency of a federal, state, tribal, or foreign sovereign government and
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which indicated that the person to whom the marijuana or marijuana paraphernalia was sold,
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given, or otherwise furnished was twenty-one (21) years of age or older at the time the marijuana
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or marijuana paraphernalia was sold, given or otherwise furnished to the person.
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(b) The complete defense set forth in this section does not apply if:
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(1) The document which was shown to the person who sold, gave, or otherwise furnished
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the marijuana or marijuana paraphernalia was counterfeit, forged, altered, or issued to a person
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other than the person to whom the marijuana or marijuana paraphernalia was sold, given, or
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otherwise furnished; and
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(2) Under the circumstances, a reasonable person who would have known or suspected
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that the document was counterfeit, forged, altered, or issued to a person other than the person to
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whom the marijuana or marijuana paraphernalia was sold, given, or otherwise furnished.
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21-37-6. Personal use. – A person who is twenty-one (21) years of age or older may
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cultivate three (3) marijuana plants or less for personal use if the person is in compliance with this
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section. The cultivation must only occur in a closet, room, greenhouse, or other area enclosed on
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all sides and equipped with locks or other security devices that permit access only by the
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cultivator, except that if more than one adult lives in the household and possess valid zip ties, the
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plants may all be cultivated in the same location. Cultivation may not occur in public view and
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must occur on property lawfully in possession of the cultivator. The cultivator must affix a valid
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registry identification zip tie to each plant or beside each plant. The application of renewal fee for
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each zip tie is one hundred dollars ($100), and such zip tie is valid for one year from the date of
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issuance.
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21-37-7. Identification zip ties -- Registry. – (a) The department shall issue registry
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identification zip ties to Rhode Island residents who submit the following, in accordance with the
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department's regulations:
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(1) Application or renewal fee;
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(2) Name, address, and date of birth of applicant, showing the applicant to be twenty one
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(21) years of age or older;
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(3) Number of marijuana plant registration identification zip ties requested, up to three
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(3); and
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(4) A statement signed by the applicant, pledging not to sell or receive anything of value
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for the marijuana the applicant would personally cultivate.
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(b) The department shall verify the information contained in a zip tie application or
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renewal submitted pursuant to this section, and shall approve or deny an application or renewal
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within fifteen (15) days of receiving it. The department may deny an application or renewal only
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if the applicant did not provide the information required pursuant to this section, the applicant did
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not provide the application or renewal fee, if the applicant had previously had one or more zip ties
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revoked, or if the department determines that the information provided was falsified. Rejection of
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an application or renewal is considered a final department action, subject to judicial review.
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Jurisdiction and venue for judicial review are vested in the Rhode Island superior court.
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(c) The department shall issue registry identification zip ties to applicants within five (5)
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days of approving an application or renewal. Each registry identification zip tie shall expire one
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year after the date of issuance. Registry identification zip ties shall contain the following:
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(1) The date of issuance and expiration date of the registry identification zip tie; and
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(2) A random twenty (20) digit alphanumeric identification number, containing at least
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four (4) numbers and at least four (4) letters, which is unique to the zip tie.
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(d) The following confidentiality rules shall apply:
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(1) Applications and supporting information submitted are confidential.
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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 zip ties. Individual names and other identifying
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information on the list shall be confidential, exempt from the Freedom of Information Act, and
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not subject to disclosure, except to authorized employees of the department as necessary to
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perform official duties of the department and as provided in subsection (d) of this section.
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(3) Within one hundred twenty (120) days of the effective date of this act, the department
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shall establish a phone or web-based verification system that is in operation twenty-four (24)
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hours a day, which law enforcement personnel can use to verify registry identification zip ties.
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The verification system must allow law enforcement personnel to enter in a registry identification
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number to determine whether or not the number corresponds with a current, valid ID zip tie. The
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system shall not disclose any additional information about the zip tie holder.
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(4) During business hours, the department shall provide any additional information
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needed by law enforcement personnel to verify the zip ties, including the name and address
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corresponding with a zip tie the law enforcement personnel seeks to verify.
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(5)(i) 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 act.
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(ii) Notwithstanding this provision, this section shall not prevent the following
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notifications:
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(A) Department employees may notify law enforcement about falsified or fraudulent
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information submitted to the department, so long as the employee who suspects that falsified or
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fraudulent information has been submitted confers with his or her supervisor (or at least one other
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employee of the department) and both agree that circumstances exist which warrant reporting;
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and
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(B) The department may notify state or local law enforcement about apparent criminal
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violations of this act, provided that the employee who suspects the offense confers with his or her
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supervisor and both agree that circumstances exist which warrant reporting.
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21-37-8. Revocation of zip ties. – The department shall revoke the zip ties of any zip tie
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holder who sells marijuana after having received zip ties from the department, unless the person
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sold marijuana as an employee of a retailer or wholesaler who was acting in accordance with this
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chapter. The department may revoke the zip ties of any zip tie holder who knowingly violates this
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chapter.
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21-37-9. Exclusions. – No person is exempt from arrest, civil or criminal penalty, seizure
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or forfeiture of assets, discipline by any state or local licensing board, and state prosecution for,
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nor may he or she establish an affirmative defense based on this chapter to charges arising from,
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any of the following acts:
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(1) Driving, operating, or being in actual physical control of a vehicle or a vessel under
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power or sail while impaired by marijuana.
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(2) Possessing marijuana if the person is a prisoner.
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(3) Possessing marijuana or possessing marijuana paraphernalia if the possession of the
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marijuana or marijuana paraphernalia is discovered because the person engaged or assisted in the
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use of marijuana in:
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(i) Any local detention facility, county jail, state prison, reformatory, or other correctional
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facility, including, without limitation, any facility for the detention of juvenile offenders; or
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(ii) Any preschool, elementary school, junior high school, or high school.
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(4) Possessing, using, transferring, selling, or cultivating marijuana or committing any
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other act involving marijuana in violation of the provisions of this chapter.
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21-37-10. Prohibition. – (a) Smoking marijuana shall be prohibited in all enclosed public
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places, as identified in section 23-20.10-3. A person who smokes marijuana in such a place shall
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be guilty of a petty misdemeanor, and may be punished as follows:
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(1) By a fine of not more than two hundred fifty dollars ($250) for the first violation;
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(2) By a fine of not more than five hundred dollars ($500) for the second violation;
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(3) By a fine of not more than one thousand dollars ($1,000) for the third and subsequent
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violations; or
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(4) Imprisonment for a term not exceeding six (6) months and the appropriate fine.
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(b) Smoking marijuana shall be prohibited in all non-enclosed outdoor public places or in
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any place open to the public, and anyone who smokes marijuana in such a place shall be liable for
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a civil penalty of one hundred fifty dollars ($150). Municipalities may impose additional fines
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equivalent to local fines for the consumption of alcohol in a non-enclosed outdoor public place or
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any place open to the public. The provisions of this chapter do not require employers to
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accommodate the use or possession of marijuana, or being under the influence of marijuana, in a
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place of employment. Any minor who falsely represents himself or herself to be twenty-one (21)
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years of age or older in order to obtain any marijuana or marijuana paraphernalia pursuant to this
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chapter is guilty of a misdemeanor.
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21-37-11. Lawful uses. – Notwithstanding any other law, it is lawful and not a violation
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of Rhode Island law to possess, transport, or sell the mature stalks of the plant Cannabis sativa L.,
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fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound,
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manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin
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extracted therefrom, which is regulated as marijuana), fiber, oil, or cake or the sterilized seed of
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the plant that is incapable of germination.
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21-37-12. Expungement. – This act shall, by operation of law, expunge the conviction of
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anyone previously convicted of possession of one ounce or less of marijuana or possession of
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marijuana paraphernalia, provided that person was twenty-one (21) years of age or older at the
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time of conviction.
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21-37-13. Not applicable to other forms. – Nothing contained herein shall be construed
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to repeal or modify any law concerning the medical use of marijuana or tetrahydrocannabinol in
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other forms, such as Marinol.
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21-37-14. Penalties. – Penalties as provided for in Rhode Island general laws 21-28-4
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through 21-28-4.08 shall not apply to this act.
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&nbspSECTION 2. Chapter 21-28 of the General Laws entitled "Uniform Controlled
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Substances Act" is hereby amended by adding thereto the following section:
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21-28-4.09.1. Exemptions to penalties. – Penalties as set forth in accordance with this
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chapter shall not apply to legal uses as set forth in Rhode Island general laws sections 21-37-1
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through 21-37-13, inclusive.
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&nbspSECTION 3. Section 31-27-2 of the General Laws in Chapter 31-27 entitled "Motor
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Vehicle Offenses" is hereby amended to read as follows:
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31-27-2. Driving under influence of liquor or drugs. -- (a) Whoever drives or
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otherwise operates any vehicle in the state while under the influence of any intoxicating liquor,
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drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any
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combination of these, shall be guilty of a misdemeanor except as provided in subdivision (d)(3)
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and shall be punished as provided in subsection (d) of this section.
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(b) (1) Any person charged under subsection (a) of this section whose blood alcohol
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concentration is eight one-hundredths of one percent (.08%) or more by weight as shown by a
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chemical analysis of a blood, breath, or urine sample shall be guilty of violating subsection (a) of
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this section. This provision shall not preclude a conviction based on other admissible evidence.
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Proof of guilt under this section may also be based on evidence that the person charged was under
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the influence of intoxicating liquor, drugs, toluene, or any controlled substance defined in chapter
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28 of title 21, or any combination of these, to a degree which rendered the person incapable of
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safely operating a vehicle. The fact that any person charged with violating this section is or has
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been legally entitled to use alcohol or a drug shall not constitute a defense against any charge of
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violating this section.
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(2) Whoever drives or otherwise operates any vehicle in the state with a blood presence
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of any scheduled controlled substance as defined within chapter 28 of title 21 except for
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marijuana, as shown by analysis of a blood or urine sample, shall be guilty of a misdemeanor and
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shall be punished as provided in subsection (d) of this section. Whoever drives or otherwise
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operates any vehicle in the state with a blood presence of marijuana, as shown by analysis of a
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blood or urine sample, shall be guilty of a misdemeanor and shall be punished as provided in
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subsection (d) of this section only if it is proven, examining the totality of the circumstances, that
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the driver is impaired. The driver shall not be considered to be impaired by marijuana solely
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because of the presence of metabolites or components of marijuana unless those metabolites or
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components are proven to be in sufficient concentration to cause impairment.
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(c) In any criminal prosecution for a violation of subsection (a) of this section, evidence
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as to the amount of intoxicating liquor, toluene, or any controlled substance as defined in chapter
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28 of title 21, or any combination of these, in the defendant's blood at the time alleged as shown
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by a chemical analysis of the defendant's breath, blood, or urine or other bodily substance shall be
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admissible and competent, provided that evidence is presented that the following conditions have
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been complied with:
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(1) The defendant has consented to the taking of the test upon which the analysis is
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made. Evidence that the defendant had refused to submit to the test shall not be admissible unless
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the defendant elects to testify.
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(2) A true copy of the report of the test result was mailed within seventy-two (72) hours
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of the taking of the test to the person submitting to a breath test.
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(3) Any person submitting to a chemical test of blood, urine, or other body fluids shall
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have a true copy of the report of the test result mailed to him or her within thirty (30) days
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following the taking of the test.
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(4) The test was performed according to methods and with equipment approved by the
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director of the department of health of the state of Rhode Island and by an authorized individual.
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(5) Equipment used for the conduct of the tests by means of breath analysis had been
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tested for accuracy within thirty (30) days preceding the test by personnel qualified as
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hereinbefore provided, and breathalyzer operators shall be qualified and certified by the
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department of health within three hundred sixty-five (365) days of the test.
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(6) The person arrested and charged with operating a motor vehicle while under the
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influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of
11-15
title 21, or, any combination of these in violation of subsection (a) of this section was afforded the
11-16
opportunity to have an additional chemical test. The officer arresting or so charging the person
11-17
shall have informed the person of this right and afforded him or her a reasonable opportunity to
11-18
exercise this right, and a notation to this effect is made in the official records of the case in the
11-19
police department. Refusal to permit an additional chemical test shall render incompetent and
11-20
inadmissible in evidence the original report.
11-21
(d) (1) (i) Every person found to have violated subdivision (b)(1) of this section shall be
11-22
sentenced as follows: for a first violation whose blood alcohol concentration is eight one-
11-23
hundredths of one percent (.08%) but less than one-tenth of one percent (.1%) by weight or who
11-24
has a blood presence of any scheduled controlled substance as defined in subdivision (b)(2) shall
11-25
be subject to a fine of not less than one hundred dollars ($100) nor more than three hundred
11-26
dollars ($300), shall be required to perform ten (10) to sixty (60) hours of public community
11-27
restitution, and/or shall be imprisoned for up to one year. The sentence may be served in any unit
11-28
of the adult correctional institutions in the discretion of the sentencing judge and/or shall be
11-29
required to attend a special course on driving while intoxicated or under the influence of a
11-30
controlled substance, and his or her driver's license shall be suspended for thirty (30) days up to
11-31
one hundred eighty (180) days.
11-32
(ii) Every person convicted of a first violation whose blood alcohol concentration is one-
11-33
tenth of one percent (.1%) by weight or above but less than fifteen hundredths of one percent
11-34
(.15%) or whose blood alcohol concentration is unknown shall be subject to a fine of not less than
12-1
one hundred ($100) dollars nor more than four hundred dollars ($400) and shall be required to
12-2
perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned
12-3
for up to one year. The sentence may be served in any unit of the adult correctional institutions in
12-4
the discretion of the sentencing judge. The person's driving license shall be suspended for a
12-5
period of three (3) months to twelve (12) months. The sentencing judge shall require attendance
12-6
at a special course on driving while intoxicated or under the influence of a controlled substance
12-7
and/or alcoholic or drug treatment for the individual.
12-8
(iii) Every person convicted of a first offense whose blood alcohol concentration is
12-9
fifteen hundredths of one percent (.15%) or above, or who is under the influence of a drug,
12-10
toluene, or any controlled substance as defined in subdivision (b)(1) shall be subject to a fine of
12-11
five hundred dollars ($500) and shall be required to perform twenty (20) to sixty (60) hours of
12-12
public community restitution and/or shall be imprisoned for up to one year. The sentence may be
12-13
served in any unit of the adult correctional institutions in the discretion of the sentencing judge.
12-14
The person's driving license shall be suspended for a period of three (3) months to eighteen (18)
12-15
months. The sentencing judge shall require attendance at a special course on driving while
12-16
intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for
12-17
the individual.
12-18
(2) (i) Every person convicted of a second violation within a five (5) year period with a
12-19
blood alcohol concentration of eight one-hundredths of one percent (.08%) or above but less than
12-20
fifteen hundredths of one percent (.15%) or whose blood alcohol concentration is unknown or
12-21
who has a blood presence of any controlled substance as defined in subdivision (b)(2), and every
12-22
person convicted of a second violation within a five (5) year period regardless of whether the
12-23
prior violation and subsequent conviction was a violation and subsequent conviction under this
12-24
statute or under the driving under the influence of liquor or drugs statute of any other state, shall
12-25
be subject to a mandatory fine of four hundred dollars ($400). The person's driving license shall
12-26
be suspended for a period of one year to two (2) years, and the individual shall be sentenced to
12-27
not less than ten (10) days nor more than one year in jail. The sentence may be served in any unit
12-28
of the adult correctional institutions in the discretion of the sentencing judge; however, not less
12-29
than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge
12-30
shall require alcohol or drug treatment for the individual, and may prohibit that person from
12-31
operating a motor vehicle that is not equipped with an ignition interlock system for a period of
12-32
one year to two (2) years following the completion of the sentence as provided in section 31-27-
12-33
2.8.
12-34
(ii) Every person convicted of a second violation within a five (5) year period whose
13-1
blood alcohol concentration is fifteen hundredths of one percent (.15%) or above by weight as
13-2
shown by a chemical analysis of a blood, breath, or urine sample or who is under the influence of
13-3
a drug, toluene, or any controlled substance as defined in subdivision (b)(1) shall be subject to
13-4
mandatory imprisonment of not less than six (6) months nor more than one year, a mandatory fine
13-5
of not less than one thousand dollars ($1,000) and a mandatory license suspension for a period of
13-6
two (2) years from the date of completion of the sentence imposed under this subsection.
13-7
(3) (i) Every person convicted of a third or subsequent violation within a five (5) year
13-8
period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above
13-9
but less than fifteen hundredths of one percent (.15%) or whose blood alcohol concentration is
13-10
unknown or who has a blood presence of any scheduled controlled substance as defined in
13-11
subdivision (b)(2) regardless of whether any prior violation and subsequent conviction was a
13-12
violation and subsequent conviction under this statute or under the driving under the influence of
13-13
liquor or drugs statute of any other state, shall be guilty of a felony and be subject to a mandatory
13-14
fine of four hundred ($400) dollars. The person's driving license shall be suspended for a period
13-15
of two (2) years to three (3) years, and the individual shall be sentenced to not less than one year
13-16
and not more than three (3) years in jail. The sentence may be served in any unit of the adult
13-17
correctional institutions in the discretion of the sentencing judge; however, not less than forty-
13-18
eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall
13-19
require alcohol or drug treatment for the individual, and may prohibit that person from operating
13-20
a motor vehicle that is not equipped with an ignition interlock system for a period of two (2) years
13-21
following the completion of the sentence as provided in section 31-27-2.8.
13-22
(ii) Every person convicted of a third or subsequent violation within a five (5) year
13-23
period whose blood alcohol concentration is fifteen hundredths of one percent (.15%) above by
13-24
weight as shown by a chemical analysis of a blood, breath, or urine sample or who is under the
13-25
influence of a drug, toluene or any controlled substance as defined in subdivision (b)(1) shall be
13-26
subject to mandatory imprisonment of not less than three (3) years nor more than five (5) years, a
13-27
mandatory fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars
13-28
($5,000) and a mandatory license suspension for a period of three (3) years from the date of
13-29
completion of the sentence imposed under this subsection.
13-30
(iii) In addition to the foregoing penalties, every person convicted of a third or
13-31
subsequent violation within a five (5) year period regardless of whether any prior violation and
13-32
subsequent conviction was a violation and subsequent conviction under this statute or under the
13-33
driving under the influence of liquor or drugs statute of any other state shall be subject, in the
13-34
discretion of the sentencing judge, to having the vehicle owned and operated by the violator
14-1
seized and sold by the state of Rhode Island, with all funds obtained by the sale to be transferred
14-2
to the general fund.
14-3
(4) (i) For purposes of determining the period of license suspension, a prior violation
14-4
shall constitute any charge brought and sustained under the provisions of this section or section
14-5
31-27-2.1.
14-6
(ii) Any person over the age of eighteen (18) who is convicted under this section for
14-7
operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of
14-8
these, while a child under the age of thirteen (13) years was present as a passenger in the motor
14-9
vehicle when the offense was committed may be sentenced to a term of imprisonment of not more
14-10
than one year and further shall not be entitled to the benefit of suspension or deferment of this
14-11
sentence. The sentence imposed under this section may be served in any unit of the adult
14-12
correctional institutions in the discretion of the sentencing judge.
14-13
(5) (i) Any person convicted of a violation under this section shall pay a highway
14-14
assessment fine of five hundred dollars ($500) which shall be deposited into the general fund. The
14-15
assessment provided for by this subsection shall be collected from a violator before any other
14-16
fines authorized by this section.
14-17
(ii) Any person convicted of a violation under this section shall be assessed a fee. The
14-18
fee shall be as follows:
14-19
&nbspFISCAL YEAR FISCAL YEAR \t\tFISCAL YEAR
14-20
&nbsp1993-1995 \t1996-1999 \t\t 2000-2010
14-21
$147 \t\t$173 \t\t\t$86
14-22
(6) (i) If the person convicted of violating this section is under the age of eighteen (18)
14-23
years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of
14-24
public community restitution, and the juvenile's driving license shall be suspended for a period of
14-25
six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing
14-26
judge shall also require attendance at a special course on driving while intoxicated or under the
14-27
influence of a controlled substance and alcohol or drug education and/or treatment for the
14-28
juvenile. The juvenile may also be required to pay a highway assessment fine of no more than
14-29
five hundred dollars ($500), and the assessment imposed shall be deposited into the general fund.
14-30
(ii) If the person convicted of violating this section is under the age of eighteen (18)
14-31
years, for a second or subsequent violation regardless of whether any prior violation and
14-32
subsequent conviction was a violation and subsequent under this statute or under the driving
14-33
under the influence of liquor or drugs statute of any other state, he or she shall be subject to a
14-34
mandatory suspension of his or her driving license until such time as he or she is twenty-one (21)
15-1
years of age and may, in the discretion of the sentencing judge, also be sentenced to the Rhode
15-2
Island training school for a period of not more than one year and/or a fine of not more than five
15-3
hundred dollars ($500).
15-4
(7) Any person convicted of a violation under this section may undergo a clinical
15-5
assessment at a facility approved by the department of mental health retardation and hospitals.
15-6
Should this clinical assessment determine problems of alcohol, drug abuse, or psychological
15-7
problems associated with alcoholic or drug abuse, this person shall be referred to the T.A.S.C.
15-8
(treatment alternatives to street crime) program for treatment placement, case management, and
15-9
monitoring.
15-10
(e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol
15-11
per one hundred (100) cubic centimeters of blood.
15-12
(f) (1) There is established an alcohol and drug safety unit within the division of motor
15-13
vehicles to administer an alcohol safety action program. The program shall provide for placement
15-14
and follow-up for persons who are required to pay the highway safety assessment. The alcohol
15-15
and drug safety action program will be administered in conjunction with alcohol and drug
15-16
programs within the department of mental health retardation and hospitals.
15-17
(2) Persons convicted under the provisions of this chapter shall be required to attend a
15-18
special course on driving while intoxicated or under the influence of a controlled substance,
15-19
and/or participate in an alcohol or drug treatment program. The course shall take into
15-20
consideration any language barrier which may exist as to any person ordered to attend, and shall
15-21
provide for instruction reasonably calculated to communicate the purposes of the course in
15-22
accordance with the requirements of the subsection. Any costs reasonably incurred in connection
15-23
with the provision of this accommodation shall be borne by the person being retrained. A copy of
15-24
any violation under this section shall be forwarded by the court to the alcohol and drug safety
15-25
unit. In the event that persons convicted under the provisions of this chapter fail to attend and
15-26
complete the above course or treatment program, as ordered by the judge, then the person may be
15-27
brought before the court, and after a hearing as to why the order of the court was not followed,
15-28
may be sentenced to jail for a period not exceeding one year.
15-29
(3) The alcohol and drug safety action program within the division of motor vehicles
15-30
shall be funded by general revenue appropriations.
15-31
(g) The director of the health department of the state of Rhode Island is empowered to
15-32
make and file with the secretary of state regulations which prescribe the techniques and methods
15-33
of chemical analysis of the person's body fluids or breath, and the qualifications and certification
15-34
of individuals authorized to administer this testing and analysis.
16-1
(h) Jurisdiction for misdemeanor violations of this section shall be with the district court
16-2
for persons eighteen (18) years of age or older and to the family court for persons under the age
16-3
of eighteen (18) years. The courts shall have full authority to impose any sentence authorized and
16-4
to order the suspension of any license for violations of this section. All trials in the district court
16-5
and family court of violations of the section shall be scheduled within thirty (30) days of the
16-6
arraignment date. No continuance or postponement shall be granted except for good cause shown.
16-7
Any continuances that are necessary shall be granted for the shortest practicable time. Trials in
16-8
superior court are not required to be scheduled within thirty (30) days of the arraignment date.
16-9
(i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on
16-10
driving while intoxicated or under the influence of a controlled substance, public community
16-11
restitution, or jail provided for under this section can be suspended.
16-12
(j) An order to attend a special course on driving while intoxicated that shall be
16-13
administered in cooperation with a college or university accredited by the state, shall include a
16-14
provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars
16-15
($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into
16-16
the general fund.
16-17
(k) For the purposes of this section, any test of a sample of blood, breath, or urine for the
16-18
presence of alcohol, which relies in whole or in part upon the principle of infrared light
16-19
absorption is considered a chemical test.
16-20
(l) If any provision of this section or the application of any provision shall for any reason
16-21
be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the
16-22
section, but shall be confined in this effect to the provision or application directly involved in the
16-23
controversy giving rise to the judgment.
16-24
&nbspSECTION 4. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby
16-25
amended by adding thereto the following chapter:
16-26
CHAPTER 36
16-27
RETAILER AND WHOLESALER REGISTRATION AND APPLICATIONS IN
16-28
ACCORDANCE WITH THE REGULATION OF MARIJUANA BILL
16-29
21-36-1. Short title. -- This chapter shall be known and may be cited as the “retailer
16-30
registration and the regulation of marijuana act.”
16-31
21-36-2. Retailer registration. – (a) An entity may apply, in accordance with the
16-32
provisions of this chapter and the regulations adopted pursuant thereto, for the issuance of a
16-33
registration authorizing the entity to act as a retailer pursuant to the provisions of this chapter.
16-34
(b) Each applicant for a retailer registration shall submit application materials required by
17-1
the department and a non-refundable fee in an amount determined by the department.
17-2
(c) By one year after the effective date of this chapter, the department shall have issued at
17-3
least one retailer registration per county. By two (2) years after the effective date of this act, the
17-4
department shall have issued a number of retailer registrations that are no fewer than one valid
17-5
and outstanding retailer license for every 75,000 residents of the county per county, provided a
17-6
sufficient number of qualified applicants exist. If more qualifying applicants apply than the
17-7
department is required to authorize, the department shall implement a competitive scoring process
17-8
to determine to which applicants to grant registrations. The scoring system shall take into account
17-9
the applicant and managing officers' applicable experience, training, and expertise; the applicant's
17-10
plan for security and to prevent diversion; and criminal, civil, or regulatory issues encountered by
17-11
other entities that applicant and managing officers have controlled or managed; the applicant's
17-12
staffing and training plan; and the suitability of the proposed location.
17-13
(d) The fee for the initial issuance of a registration as a retailer is five thousand dollars
17-14
($5,000). A registration as a retailer must be renewed annually. The fee for renewal of a
17-15
registration as a retailer is five thousand dollars ($5,000).
17-16
(e) If eighteen (18) months after the effective date of this act the department has failed to
17-17
issue a retailer registration as required by this chapter a retail registration shall be granted to any
17-18
qualified applicant who holds a retail tobacco products dealer license and who has submitted a
17-19
notarized letter of intention to begin operating as a retailer and a five thousand ($5,000) fee to the
17-20
department at least ninety (90) days before beginning operations.
17-21
21-36-3. Definitions. -- As used in this chapter, "qualified applicant" means any entity
17-22
that:
17-23
(1) Complies with any regulations adopted pursuant to Rhode Island general laws 21-36-
17-24
11 of this act concerning application for and issuance of a registration; and
17-25
(2) Satisfies the requirements set forth in this chapter and any regulations adopted
17-26
pursuant thereto.
17-27
21-36-4. Requirements. -- A retailer shall include a safety insert with all marijuana sold.
17-28
The safety insert may, at the department's discretion, be developed and approved by the
17-29
department and include, but not be limited to, information on:
17-30
(1) Methods for administering marijuana;
17-31
(2) Any potential dangers stemming from the use of marijuana;
17-32
(3) How to recognize what may be problematic usage of marijuana and obtain
17-33
appropriate services or treatment for problematic usage.
17-34
(4) A retailer must sell the marijuana in its original wholesaler packaging without making
18-1
any changes or repackaging.
18-2
21-36-5. Wholesale registration. -- (1) An entity may apply, in accordance with the
18-3
provisions of this chapter and the regulations adopted pursuant thereto, for the issuance of a
18-4
registration authorizing the entity to act as a retailer pursuant to the provisions of this chapter.
18-5
(2) Each applicant for a retailer registration shall submit application materials required by
18-6
the department and a non-refundable fee in an amount determined by the department.
18-7
(3) By three (300) hundred days after the effective date of this act, the department shall
18-8
have issued at least three (3) wholesaler registrations, provided that qualified applicants exist. By
18-9
two (2) years after the effective date of this act, the department shall have issued a number of
18-10
wholesaler registrations that are sufficient to meet demand. If more qualifying applicants apply
18-11
than the department is required to authorize, the department shall implement a competitive
18-12
scoring process to determine to which applicants to grant registrations. The scoring system shall
18-13
take into account the applicant and managing officers applicable experience, training, and
18-14
expertise; the applicant's plan for security and diversion prevention; any criminal, civil, or
18-15
regulatory issues encountered by other entities the applicant and managing officers have
18-16
controlled or managed; the applicant's staffing and training plan; and the suitability of the
18-17
proposed location.
18-18
(4) The fee for the initial issuance of a registration as a wholesaler is five thousand
18-19
dollars ($5,000). A registration as a wholesaler must be renewed annually. The fee for renewal of
18-20
a registration as a wholesaler is five thousand dollars ($5,000).
18-21
(5) If eighteen (18) months after the effective date of this act the department has failed to
18-22
issue any wholesaler registrations as required by this chapter a wholesaler registration shall be
18-23
granted to any qualified applicant who has submitted a notarized letter of intention to begin
18-24
operating as a wholesaler and a five thousand dollar ($5,000) fee to the department at least ninety
18-25
(90) days before beginning operations.
18-26
21-36-6. Requirements. -- A wholesaler shall cultivate only in one or more enclosed,
18-27
locked facilities, which include a building, room, greenhouse, or other area enclosed on all sides
18-28
and equipped with locks or other security devices that permit access only by:
18-29
(1) Employees, agents, or owners of the wholesaler, all of whom must be twenty-one (21)
18-30
years of age or older;
18-31
(2) Department staffers or public safety officers performing official duties; or
18-32
(3) Contractors performing labor that is unrelated to marijuana cultivation, packaging, or
18-33
processing, provided that they must be accompanied by an employee, agent, or owner of the
18-34
wholesaler.
19-1
(4) A wholesaler or any person who is acting in his or her capacity as an owner,
19-2
employee, or agent of a wholesaler must have documentation when transporting marijuana on
19-3
behalf of the wholesaler that specifies the amount of marijuana being transported, the address and
19-4
contact information of the wholesaler, the date the marijuana is being transported, and the address
19-5
and contact information for the intended retailer or other wholesaler. A wholesaler must create a
19-6
unique package and label for its marijuana identifying itself as the producer. The packaging shall
19-7
include:
19-8
(i) The name or registration number of the wholesaler.
19-9
(ii) The potency of the marijuana, represented by the percentage of tetrahydrocannabinol
19-10
by mass.
19-11
(iii) A "Produced On” date which reflects the date that the wholesaler finished drying and
19-12
processing the marijuana and placed it in its packaging.
19-13
(iv) A warning that states: "Consumption of marijuana impairs your ability to drive a car
19-14
or operate machinery."
19-15
(v) A warning that states: "Possession of marijuana is illegal outside of Rhode Island and
19-16
under federal law" unless federal or state laws have changed.
19-17
21-36-7. Prohibitions and Penalties. -- (a) The department may not issue a registration
19-18
for a retailer, wholesaler, or registered safety compliance facility to an entity:
19-19
(1) That is located within five hundred feet (500') of the property line of a public school,
19-20
private school, or structure used primarily for religious services or worship;
19-21
(2) That would be engaged in business as a gas station, convenience store, grocery store,
19-22
night club, dance hall, or licensed gaming establishment at the same location; or
19-23
(3) That sells intoxicating liquor for consumption on or off the premises. Nothing shall
19-24
prohibit local governments from enacting ordinances or regulations not in conflict with this
19-25
section or with department rules regulating the time, place, and manner of wholesaler, retailer, or
19-26
registered safety compliance facility operations, provided that no local government may prohibit
19-27
wholesaler, retailer, or registered safety compliance facility operation altogether, either expressly
19-28
or through the enactment of ordinances or regulations which make wholesaler, retailer, or
19-29
registered safety compliance facility operation impracticable.
19-30
(b) A retailer shall not:
19-31
(1) Sell, give or otherwise furnish marijuana or marijuana paraphernalia to any person
19-32
who is under twenty-one (21) years of age.
19-33
(2) Allow any person who is under twenty-one (21) years of age to be present inside the
19-34
establishment unless the person is a department employee or public safety officer performing his
20-1
or her duties or a contractor performing labor unrelated to marijuana and who will not have
20-2
access to marijuana.
20-3
(3) Knowingly and willfully sell, give, or otherwise furnish an amount of marijuana to a
20-4
person that would cause that person to possess more than one ounce of marijuana.
20-5
(4) Purchase marijuana, other than marijuana seeds, from any person other than a
20-6
wholesaler.
20-7
(5) Purchase or sell, give, or otherwise furnish marijuana in any manner other than as
20-8
authorized pursuant to the provisions of this chapter and any regulations adopted pursuant thereto.
20-9
(6) Knowingly or negligently sell marijuana that has been adulterated or contaminated by
20-10
a controlled substance, illegal additive, or pesticide.
20-11
(c) In addition to any other penalty provided pursuant to specific statutes, a person who
20-12
violates this section is guilty of a misdemeanor and shall be punished by a fine of not more than
20-13
one thousand dollars ($1,000). A person who violates this section may also incur civil liability.
20-14
Additionally, the department may suspend or terminate the registration of a retailer who commits
20-15
multiple or serious violations of this act or regulations issued pursuant to it.
20-16
(d) In a prosecution for a violation of subsection (a) or (b) subdivision (1) it is a complete
20-17
defense that immediately before allowing the person who is under twenty-one (21) years of age
20-18
onto the premises the person who allowed the person onto the premises was shown a document
20-19
which appeared to be issued by an agency of a federal, state, tribal, or foreign sovereign,
20-20
government and which indicated that the person who was allowed onto the premises of the
20-21
retailer was twenty-one (21) years of age or older at the time the person was allowed onto the
20-22
premises of the retailer. The complete defense set forth in this subsection does not apply if:
20-23
(1) The document which was shown to the person who allowed the person who is under
20-24
twenty-one (21) years of age onto the premises of the retailer was counterfeit, forged, altered, or
20-25
issued to a person other than the person who was allowed onto the premises of the retailer; and
20-26
(2) Under the circumstances, a reasonable person would have known or suspected that the
20-27
document was counterfeit, forged, altered, or issued to a person other than the person who was
20-28
allowed onto the premises.
20-29
(e) A wholesaler shall not:
20-30
(1) Allow any person who is under twenty-one (21) years of age to be present on the
20-31
premises of its establishment unless the person is a department employee or public safety officer
20-32
performing his or her duties or a contractor performing labor unrelated to marijuana cultivation,
20-33
packaging, and processing.
20-34
(2) Sell, give, or otherwise furnish marijuana to any person other than a retailer or
21-1
wholesaler.
21-2
(3) Purchase marijuana from any person other than a wholesaler.
21-3
(4) Purchase or sell, give, or otherwise furnish marijuana in any manner other than as
21-4
authorized pursuant to the provisions of this chapter and any regulations adopted pursuant thereto.
21-5
(5) Sell marijuana that has been adulterated or contaminated by any other substance,
21-6
including, without limitation, any controlled substance or illegal additive or pesticide.
21-7
(f) In addition to any other penalty provided pursuant to specific statues, a person who
21-8
violates this section is guilty of a misdemeanor and shall be punished by a fine or not more than
21-9
one thousand dollars ($1,000). A person who violates this section may also incur civil liability.
21-10
Additionally, the department may suspend or terminate the registration of a wholesaler who
21-11
commits multiple or serious violations of this act or regulations issued pursuant to it.
21-12
21-36-8. Defenses. -- In a prosecution for a violation of section 21-36-7 it is a complete
21-13
defense that immediately before allowing the person who is under twenty-one (21) years of age
21-14
onto the premises the person who allowed the person onto the premises was shown a document
21-15
which appeared to be issued by an agency of a federal, state, tribal, or foreign sovereign
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government and which indicated that the person who was allowed onto the premises of the
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wholesaler was twenty-one (21) years of age or older at the time the person was allowed onto the
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premises of the wholesaler. The complete defense set forth in this subsection does not apply if:
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(1) A document which was shown to the person who allowed the person who is under
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twenty-one (21) years of age onto the premises of the wholesaler was counterfeit, forged, altered,
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or issued to a person other than the person who was allowed onto the premises of the wholesaler;
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and
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(2) Under the circumstances, a reasonable person would have known or suspected that the
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document was counterfeit, forged, altered, or issued to a person other than the person who was
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allowed onto the premises.
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(3) In order to ascertain that marijuana is produced or has not been adulterated or
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contaminated, a wholesaler may use a registered safety compliance facility to test its marijuana
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for contaminants and for tetrahydrocannabinol potency before providing it to a retailer.
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21-36-9. Safety compliance facility registration. -- (a) Each applicant for a safety
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compliance facility registration shall submit application materials required by the department and
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a non-refundable fee in an amount determined by the department.
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(b) If a qualified applicant exists, the department shall grant a two (2) year registration to
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at least one safety compliance facility within one year of the effective date of this act, provided
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that the facility pays a five thousand dollar ($5,000) fee. If more qualifying applicants apply than
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the department is required to authorize, the department shall implement a competitive scoring
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process to determine which applicant or applicants to grant registrations to. The scoring system
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shall take into account the applicant and managing officers' applicable experience, training, and
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expertise; the applicant's plan for security and to prevent diversion; any criminal, civil, or
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regulatory issues encountered by other entities the applicant and managing officers controlled or
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managed; the applicant's plan for services; the applicant's staffing and training plan; and the
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suitability of the proposed location.
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(c) A registered safety compliance facility or any person who is twenty-one (21) years of
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age or older and acting in his or her capacity as an owner, employee, or agent of a registered
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safety compliance facility who acts in compliance with the provisions of this chapter shall not be
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subject to prosecution; search, except by the department pursuant to section 21-36-7 or penalty in
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any manner or be denied any right or privilege, including, but not limited to, civil penalty or
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disciplinary action by a court or business licensing board or entity, solely for acting in accordance
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with this act and department regulations to provide the following services; acquiring or
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possessing marijuana obtained from wholesalers; returning the marijuana to the same
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wholesalers; producing and possessing marijuana for training and analytical testing; producing
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and selling educational materials on marijuana; receiving compensation for testing for
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contaminants or potency; researching marijuana; and providing training to Rhode Island residents
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who are twenty-one (21) years of age or older. Any possession or cultivation of marijuana by a
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registered safety compliance facility must occur on the location registered with the department.
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(d) In addition to any other penalty provided pursuant to specific statutes, the department
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may suspend or terminate the registration of a registered safety compliance facility who commits
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multiple or serious violations of this act or regulations issued pursuant to it.
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21-36-10. Excise tax. -- (a) An excise tax is hereby levied upon wholesalers and must be
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collected respecting all marijuana sold to retailers at the rate of fifty dollars ($50) per ounce or
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proportionate part thereof.
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(b) Marijuana sold by retailers shall be subject to sales tax to be collected by retailers. For
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the purpose of determining the tax for the retail sale of marijuana pursuant to this chapter, the tax
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for the sale of marijuana must be the same as the taxes for the retail sale of other products
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generally.
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(c) This chapter shall not create any new taxes on medical marijuana, as defined by
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section 21-37-3. Medical marijuana is excluded from the taxes of subsections (a) and (b) herein.
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21-36-11, Administration. -- The department shall apportion the money remitted to the
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department from registration fees and taxes collected pursuant to this chapter in the following
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manner:
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(1) The department shall retain sufficient money to defray the entire cost of
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administration of this chapter.
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(2) After retaining sufficient money to defray the entire cost of administration of this
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chapter pursuant to subdivision (1), the department shall remit the remaining money to the Rhode
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Island general fund, fifty (50%) percent of which must be distributed to the department of mental
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health, retardation and hospitals for use in voluntary programs for the prevention or treatment of
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the abuse of alcohol, tobacco or controlled substances. A person shall not advertise the sale of
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marijuana through television, radio, newspapers, magazines, billboards, the Internet or any other
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written or oral commercial media. This shall not prevent a phone listing in a directory of
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businesses, appropriate signs on the retailer locations that do not include marijuana imagery, or
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listings in trade publications. The provisions of this chapter do not authorize any person to
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transport marijuana into or outside the State of Rhode Island unless federal law permits such
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transport. The department is responsible for administering and carrying out the provisions of this
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chapter. The department may adopt regulations that are necessary and convenient to administer
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and carry out the provisions of this chapter.
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(3) The department shall adopt regulations that:
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(i) Set forth the procedures for the application for and issuance of registrations to
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retailers, wholesalers, and registered as a retailer, wholesaler, or safety compliance testing
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facility.
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(ii) Specify the procedures for the collection of taxes levied pursuant to this chapter.
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(iii) Specify the content, form, and timing of reports which must be completed by each
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retailer, wholesaler, and registered safety compliance testing facility and which must be available
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for inspection by the department. The reports shall include information on sales, expenses,
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inventory, and taxes and shall be retained for at least one year after the forms completion.
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(iv) Specify the requirements for the packaging and labeling of marijuana.
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(v) Specify the requirements for the safety insert to be included with marijuana by
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retailers.
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(vi) Establish reasonable security requirements for wholesalers and retailers.
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(vii) Require the posting or display of the registration of a retailer, wholesaler, or
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registered safety compliance testing facility.
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(viii) Establish the procedures for inspecting and auditing the records or premises of a
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retailer, wholesaler, or registered safety compliance testing facility.
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(ix) Set forth the procedures for hearings to contest the denial of an application for a
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registration as a retailer, wholesaler, or registered safety compliance testing facility.
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(x) Set forth the procedures for hearings to contest the suspension or revocation of a
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registration as a retailer, wholesaler, or registered safety compliance testing facility for a violation
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of any provision of this chapter or the regulations adopted pursuant to this chapter.
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(xi) Establish reasonable environmental controls to ensure that any registered premises
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minimize any harm to the environment, adjoining and nearby landowners, and persons passing
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by.
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(4) The department shall make available free of charge all forms for applications and
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reports.
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(5) The department shall issue registrations as required by section 21-36-5.
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(6) The department shall keep the name and address of each wholesaler, retailer, and
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safety compliance facility and each owner, employee, or agent of a wholesaler, retailer, and safety
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compliance facility confidential and refuse to disclose this information to any individual or public
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or private entity, except as necessary for authorized employees of the department to perform
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official duties of the department pursuant to this chapter. The department may confirm to a state
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or local law enforcement officer that a retailer, wholesaler, or safety compliance facility holds a
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valid registration if the law enforcement officer inquires about the specific location or entity.
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(7) If any provisions of this act, or the application thereof to any person, thing, or
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circumstance is held invalid, such invalidity shall not affect the provisions or application of this
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act which can be given effect without the invalid provision or application, and to this end the
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provisions of this act are declared to be severable.
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(8) The department shall adopt regulations to implement this act and shall begin
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accepting applications for retailers, wholesalers, zip ties, and safety compliance facilities within
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one hundred eighty (180) days of the effective date of this act.
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If the department fails to adopt regulations to implement this act and begin processing
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applications for retailers and wholesalers within one hundred eighty (180) days of the effective
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date of this act, any citizen may commence an action in a court of competent jurisdiction to
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compel the department to perform the actions mandated pursuant to the provisions of this act.
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&nbspSECTION 5. Chapter 44-49 of the General Laws entitled "Taxation of Marijuana and
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Controlled Substances" is hereby amended by adding thereto the following section:
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44-49-17. No tax stamp required. -- Controlled substance tax payment with a stamp or
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other official indicia, as referred to in section 44-49-5, is not required for registered retailers and
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wholesalers and the penalties provided for in the this chapter do not apply to those acting in
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accordance with sections 21-37-1 to 21-37-13 and 21-36-1 to 21-36-11, inclusive.


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SECTION 6. This act shall take effect upon passage.





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LC01393

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO FOOD AND DRUGS -- TAXATION AND REGULATION OF MARIJUANA

***


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&nbspThis act would allow some personal use of marijuana under certain circumstances, sets
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restrictions both under and over the age of twenty-one (21) years of age, exclusions to this use,
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registration, for prohibitions to. It would also exempt penalties in compliance with the statutes
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including driving under the influence. This act would also oversee retailer and wholesaler
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registration, administration for all marijuana sold.
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&nbspThis act would take effect upon passage.



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LC01393

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