Department of Business Regulation Medical Marijuana Program Emergency Regulations – Extension of Expired Registry Identification Cards
230-RICR-80-05-2 INACTIVE RULE EMERGENCY RULE
2.1 Definitions
The definitions set forth in § 1.1.1 of this Subchapter apply to this Part.
2.2 Rulemaking Authority
A. This Part is promulgated pursuant to the authority granted in R.I. Gen. Laws Chapter 21-28.6, and R.I. Gen. Laws §§ 42-14-17 and 42-35-2.10.
B. In accordance with R.I. Gen. Laws § 42-35-2.10, these regulations shall remain in effect until no later than August 21, 2020, unless renewed for a period not exceeding sixty (60) days.
2.3 Caregiver Registry Identification Cards Expiring March 1, 2020 and Thereafter
Notwithstanding any provision to the contrary in § 1.4(E)(1) of this Subchapter, the expiration date of any Rhode Island primary caregiver registry identification card that expired/expires on or after March 1, 2020, shall be extended to July 31, 2020.
2.4 Compassion Center Sales to Cardholders with Registry Identification Cards Expiring March 1, 2020, and Thereafter
A. Notwithstanding any provision to the contrary in § 1.6.3(E) of this Subchapter, a compassion center licensee may dispense and sell medical marijuana to Rhode Island primary caregiver registry identification cardholders and out-of-state qualifying patient registry identification cardholders, and, if permitted by the Rhode Island Department of Health, to Rhode Island qualifying patient registry identification cardholders and Rhode Island authorized purchaser registry identification cardholders, whose registry identification cards expired on or after March 1, 2020, until July 31, 2020, and such sales shall be deemed “permitted sales” under § 1.6.3(E) of this Subchapter, provided that medical marijuana is dispensed and sold in compliance with the Act, Part 1 of this Subchapter, and all the following requirements.
1. The compassion center uses reasonable, good faith efforts to verify the validity of each patient, caregiver or authorized purchaser’s registry identification card and that the expiration date was on or after March 1, 2020, including but not limited to: requiring presentation of the patient, caregiver or authorized purchaser’s medical marijuana registration card and one other form of government issued photo identification; making copies of both the registry identification card and government issued photo identification; and maintaining copies of such cards in the compassion center’s records.
2. The compassion center logs and tracks all transactions with each cardholder in the tracking system by the registry identification card number.
3. Records regarding dispensing and transactions to such cardholders shall be maintained in compliance with and subject to inspection and review in accordance with the compassion center’s records retention policies and Part 1 of this Subchapter.
4. In addition to the requirements set forth in §§ 2.4(A)(1) through (3) of this Part, all sales to out-of-state patient registry identification cardholders whose cards expired on or after March 1, 2020, shall:
a. Comply with § 1.6.3(E)(2) of this Subchapter;
b. Require presentation of documentation confirming that the out-of-state card issuing authority has extended the expiration date of the out-of-state cardholder by emergency regulation, executive order, or other issuing authority action to a date following the date of sale; and
c. The compassion center retains copies of the documentation required in § 2.4(A)(4)(b) of this Part in its records.
2.5 Severability
If any provision of these Regulations, or the application thereof to any person or circumstance, is held to be invalid, such invalidity shall not affect other provisions or application of these regulations which can be given effect without the invalid provision or application, and to this end the provisions are declared to be severable.
| Title | 230 | Department of Business Regulation (includes the Office of the Health Insurance Commissioner) |
| Chapter | 80 | Marijuana |
| Subchapter | 05 | Medical Marijuana |
| Part | 2 | Department of Business Regulation Medical Marijuana Program Emergency Regulations – Extension of Expired Registry Identification Cards |
| Type of Filing | Amendment |
| Regulation Status | Inactive |
| Effective | 06/19/2020 to 07/24/2020 |
Regulation Authority:
R.I. Gen. Laws § Chapter 21-28.6, and R.I. Gen. Laws §§ 42-14-17 and 42-35-2.10.
Purpose and Reason:
In Rhode Island, licensed compassion centers may only sell medical marijuana to qualifying registered patients, registered caregivers and authorized purchasers who possess a valid registry identification card in accordance with the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act, R.I. Gen. Laws § 21-28.6-1 et seq. (the “Act”) and the regulations promulgated thereunder by the Department of Business Regulation ("Department") and the Rhode Island Department of Health (“RIDOH”). Pursuant to R.I. Gen. Laws § 21-28.6-5, the Department registers primary caregivers while qualifying patients and authorized purchasers are registered by RIDOH.
As a result of the State of Emergency issued by Governor Gina M. Raimondo on March 9, 2020, (Executive Order 20-02, as extended by Executive Order 20-18, Executive Order 20-31 and Executive Order 20-42), these registry identification cardholders may not be able to renew registry identification cards that have expired since March 1, 2020. The inability to renew these registry identification cards would prevent licensed compassion centers from selling medical marijuana to anyone with an expired registry identification card. Accordingly, the Department is amending the emergency regulations that were promulgated and effective on April 23, 2020, to:
1. Further extend the expiration date of any Rhode Island caregiver registry identification cards that expired or expires on or after March 1, 2020 until July 31, 2020.
2. Permit licensed compassion centers to dispense and sell medical marijuana to any Rhode Island primary caregiver registry identification cardholders and out-of-state qualifying patient registry identification cardholders, and, if permitted by RIDOH, to Rhode Island qualifying patient registry identification cardholders and Rhode Island authorized purchaser registry identification cardholders, whose registry identification cards expired on or after March 1, 2020, until July 31, 2020, provided that additional verification, documentation and record keeping requirements are met.
This original emergency regulation extended the expiration dates until June 30, 2020. This amendment continues the extension for another month until July 31, 2020.
RIDOH will be filing a similar extension of expiration dates for Rhode Island qualifying patient registry cardholders and Rhode Island authorized purchaser registry cardholders in 216-RICR-20-10-3.
Editorial Notes:
The agency filed this emergency amendment to update language and dates in the emergency adoption filed on 04/23/2020. The effective dates of this emergency amendment filing were therefore edited to ensure the provisions of the initial emergency adoption do not exceed the period of effectiveness allowable by law.
Brief statement of Reason for Finding Imminent Peril:
The Department finds that there is imminent peril to the public health, safety or welfare in that qualifying patients, primary caregivers and authorized purchasers under the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act, R.I. Gen. Laws Chapter 21-28.6, whose registry identification cards have expired without renewal since the Governor’s declaration on March 9, 2020, of a state of emergency due to COVID-19, will be unable to purchase medical marijuana from compassion centers. Therefore, this Emergency Regulation is required in order to protect public health and welfare by providing continued access to medical marijuana for such qualifying patients, primary caregivers and authorized purchasers.
