DEPARTMENT OF BUSINESS REGULATION MEDICAL MARIJUANA PROGRAM EMERGENCY REGULATION 1 - LICENSED CULTIVATORS

Regulation Authority:

Chapter 21-28.6

Purpose and Reason:

The scope and purpose of these emergency regulations is to set forth temporary regulatory parameters for licensed cultivators and to initiate the application process for cultivator licenses to enable the state and the industry to be prepared to address patient need as the medical marijuana market shifts with the December 31, 2016 prohibition on patient and caregiver sale of excess marijuana to the compassion centers. No later than one hundred and eighty (180) days from the effective date of these emergency regulations, medical marijuana program regulations will be introduced subject to the full public comment process, which, upon adoption, will supersede these emergency regulations.

Brief statement of Reason for Finding Imminent Peril:

Pursuant to R.I. Gen. Laws § 42-35-2.10, an agency may, if it finds that immediate promulgation of an emergency rule is necessary because of imminent peril to the public health, safety, or welfare and if it publishes reasons for such finding in a record with the secretary of state and on its agency website, adopt an emergency rule without prior notice or hearing, or upon any abbreviated notice and hearing that it finds practicable. The rule so adopted may be effective for a period not exceeding one hundred twenty (120) days renewable once for a period not exceeding sixty (60) days. Id. Furthermore, R.I. Gen. Laws § 42-35-4(e)(2) provides that an emergency rule under § 42-35-2.10 becomes effective upon signature by the agency head and the Governor, or the Governor’s designee.