Rhode Island Industrial Hemp Program

Regulation Authority:

R.I. Gen. Laws §§ 2-26-1
et seq.

Purpose and Reason:

The amendments presented in this proposed regulation (“Regulation”) are largely motivated by changes to the federal rule that govern the states’ abilities to monitor and regulate hemp programs as administered through and by the Agricultural Marketing Service (“AMS”) of the United States Department of Agriculture (“USDA”). Apart from the proposed amendments related to requirements of the final version of 7 C.F.R. § 990 (“Final Rule”), the Department is clarifying the following general areas for the ease of the licensees and consumers: packaging, labelling, registry identification cards, outdoor sales’ variances, and inhalation products.

A hearing to receive public comment will be held virtually via Zoom on Wednesday, February 28, 2024, at 10 am. 

Join by clicking here: https://us02web.zoom.us/j/83937285715?pwd=Q3MxZDAyZVlZclRjekl2ZjVpMWx2dz09 

Webinar ID: 839 3728 5715

Passcode: 253811

Or One tap mobile: +16469313860,,83937285715#,,,,*253811# US

Or join by phone:  Dial (for higher quality, dial a number based on your current location):     

US: +1 646 931 3860  or  +1 301 715 8592  or +1 312 626 6799  or +1 646 558 8656  or (Toll Free) or 877 853 5247 (Toll Free) or 888 788 0099 (Toll Free) or 833 548 0276 (Toll Free)

Summary of substantive amendments: 

§ 1.5 - Definitions 

• (A) – Changes to the phrase “Acceptable Hemp THC Level” were mandated by the Federal Rule. 

• (G) – Changes to the definition of “consumable” to now include “inhalation.” 

• (I) and (N) – Clarified the definitions of “Distributor” and “Handler.” 

• (P) – Updated “Hemp-derived consumable CBD product” to include a reference to the certification requirements, which have changed. 

• (R) – “Industrial Hemp” added a reference to the distribution range of THC concentration, which is mandated by the Final Rule. 

• (T) – “Key Participants” was moved from another section of the Regulation and is a requirement of the Final Rule. 

• (BB) – “Negligence” was updated to remove a reference to “producing/manufacturing” because the Final Rule only specifies negligence enforcement and definitional requirements as to Growers. 

• (HH) – The definition of “Retailer” is clarified. 

• (JJ) – The definition of “Sample” is also clarified. 

§ 1.6: (E)(1), (2), (6), (H) and (I) all are Final Rule update requirements for application contact information.

§ 1.7(C)(7): The attestation is an update to the certification requirements, which decreases the burden on the licensee and the Department while maintaining the integrity of the industrial hemp program. 

§ 1.8(I): Updated to include the prohibition on conversion of other cannabinoids to delta-9 or synthetic cannabinoids, unless specifically approved by the Department. 

§ 1.9(B), (C)(6)-(12), (D)(4)(a), (6)-(8): All updates are made pursuant to the Final Rule and include that Growers are subject to mandatory annual randomized inspections, sample gathering and procedures, licensees’ reporting requirements, and labs’ methods of testing. 

§ 1.10(B): Registry identification card requirements are modified to provide for a distributor/retailer to have one registry identification cardholder, if desired. This change in language reflects current practices and is easier for the licensee. 

§ 1.11: 

• (G)-(I) – The “allowable product types” and “product prohibitions” sections are added to bring clarity to the confusing landscape of hemp-derived consumable products that can be offered for sale to the public. (I)(2)(a)(5), (10), and (I)(4)(a)(1) and (3) Product packaging and labelling requirements are updated to include all cannabinoids and (generally) loose hemp product for consumer safety and awareness. 

• (J)(4) – Advertising and marketing prohibitions removed, consistent with the medical marijuana landscape. 

• (K)(4) – Variance procedure added for the conduct of retail sales outside of a licensee’s retail space, and the prohibition on free samples removed. 

• (N) – Updates to required destruction documentation are made consistent with the requirements of the Final Rule. 

§ 1.12(D): Adds a section addressing the transformation of cannabinoids of or into any type, consistent with the evolution of the industrial hemp industrial landscape. 

§ 1.13(A)(1): Changes in information submitted to the Department to make the reporting process easier for the licensee, eliminating the need to provide COAs for seeds, while maintaining the integrity of the system by requiring COAs for flower. 

§ 1.13(B) and (F): Changes required pursuant to the Final Rule. 

§ 1.15(A)(3)(d), (A)(5), (A)(8): Changes made to these sections are required pursuant to the Final Rule and include a Grower’s participation prohibition if it has three negligent violations within a five-year period and that destruction must occur at a Grower’s location. Additionally, changes specify that if a handler/distributor/retailer violates the Regulations with a product that contains THC in an amount greater than the allowable limit, the licensee will be subject to an enforcement action.