Section 216-RICR-20-10-3.3 - DefinitionsA. Wherever used in these Regulations the following terms shall be construed as follows: 1. "Act" means R.I. Gen. Laws Chapter 21-28.6-1 entitled "The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act."2. "Authorized purchaser" means a natural person, who is at least twenty-one (21) years old, and who is registered with the Department of Health for the purpose of assisting a qualifying patient in purchasing marijuana from a compassion center. An authorized purchaser may assist no more than one patient, and is prohibited from consuming marijuana obtained for the use of the qualifying patient.3. "Cardholder" means a person who has registered with the Department of Health pursuant to R.I. Gen. Laws Chapter 21-28.6 and has been issued and possesses a valid registry identification card or license.4. "Commercial unit" means a building, office, suite or room within a commercial or industrial building for use by one business and is rented or owned by that business or person.5. "Compassion center" means a not-for-profit corporation subject to the provisions of R.I. Gen. Laws Chapter 7-6, and registered under R.I. Gen. Laws § 21-28.6-12 of the Act that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies or dispenses marijuana, and/or related supplies and educational materials, to patient cardholders and/or their registered caregiver cardholder and authorized purchaser.6. "Debilitating medical condition" means: a. Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, Hepatitis C, post-traumatic stress disorder; or the treatment of these conditions;b. A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe, debilitating, chronic pain; severe nausea; seizures, including but not limited to, those characteristic of epilepsy; or severe and persistent muscle spasms, including but not limited to, those characteristic of multiple sclerosis or Crohn's disease; or agitation of Alzheimer's Disease; or c. Any other medical condition or its treatment approved by the Department of Health pursuant to § 3.4.4 of this Part.7. "Department of Business Regulation" means the Rhode Island Department of Business Regulation or its successor agency.8. "Department of Health" means the Rhode Island Department of Health or its successor agency.9. "Department of Public Safety" means the Rhode Island Department of Public Safety or its successor agency.10. "Dried usable marijuana" means the dried leaves and flowers of the marijuana plant after the wet harvested leaves and flowers of the marijuana plant have undergone the drying process.11. "Dwelling unit" means a room or group of rooms within a dwelling used or intended for use by one family or household, or by no more than three (3) unrelated individuals, for living, sleeping, cooking and eating.12. "Equivalent amount" means the portion of usable marijuana, be it extracted, edible, concentrated or any other form, found to be equal to a portion of dried usable marijuana, as defined in § 3.13 of this Part.13. "Full assessment" means evaluation by practitioner which at a minimum documents in the medical record: history of present illness, social history, past medical and surgical history, alcohol and substance use history, physical exam and documentation of therapies with inadequate response.14. "Marijuana" has the meaning given that term in R.I. Gen. Laws § 21-28-1.02(26) and is as follows: all parts of the plant (Cannabis sativa, L.), whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, but shall not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks, (except the resin extracted from it), fiber, oil or cake, or the sterilized seed from the plant which is incapable of germination.15. "Marijuana infused products" means a product infused with medical marijuana or an extract of medical marijuana that is intended for use or consumption other than by smoking, including, but not limited to edible products, ointments, oils and tinctures. These products when manufactured or sold by a licensed medical marijuana compassion center shall not be considered a food or drug.16. "Mature marijuana plant" means a marijuana plant that has flowers or buds that are readily observable by an unaided visual examination.17. "Medical marijuana program tracking system" shall refer to any system designated by the Department of Business Regulation and the Department of Health designed and used to record all medical marijuana program regulated activities with unique identifiers to track all activities and transactions from point of origin to point of sale ("seed to sale"), "Seed to sale" activities and transactions include but are not limited to: all cultivation, harvest, processing, manufacturing, and packaging and labeling; all purchases, acquisitions or third party supply of marijuana; all sales and dispensing transactions, and any other transfers of marijuana as permitted by the Department of Business Regulation; any instances of destruction of marijuana; and testing compliance tracking. The Medical Marijuana Program Tracking System may also be used to record and/or report any other additional information directed by the Department of Business Regulation or the Department of Health consistent with the Department of Business Regulation regulations and/or Department of Health regulations.18. "Medical use" means the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marijuana or paraphernalia relating to the consumption of marijuana to alleviate a patient cardholder's debilitating medical condition or symptoms associated with the medical condition.19. "Paraphernalia", as used in these Regulations, means any equipment, product, or material of any kind that is primarily intended or designed for use in planting, propagating, growing, cultivating, harvesting, manufacturing, compounding, converting, producing, processing, preparing, inhaling, or otherwise introducing into the human body marijuana, including but not limited to: metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, or punctured metal bowls; water pipes, roach clips: meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand; bongs; ice pipes or chillers.20. "Parent or legal guardian" means the custodial parent for a person under eighteen (18) years of age or the legal guardian with responsibility for health care decisions for a person of any age.21. "Practitioner" means a person who is licensed to practice medicine with authority to prescribe drugs pursuant to R.I. Gen. Laws Chapter 5-37 or a physician licensed with authority to prescribe drugs in Massachusetts or Connecticut.22. "Primary caregiver" means a natural person who is at least twenty-one (21) years old and is a resident of Rhode Island. A primary caregiver may assist no more than five (5) qualifying patients with their medical use of marijuana.23. "Qualifying patient" means a person who has been diagnosed by a practitioner as having a debilitating medical condition and is a resident of Rhode Island.24. "Registry identification card" means a document issued by the Department of Health that identifies a person as a registered qualifying patient, a registered primary caregiver, or an authorized purchaser.25. "R.I. Gen. Laws" means the General Laws of Rhode Island, as amended.26. "Seedling" means a marijuana plant with no observable flowers or buds.27. "These regulations" mean all parts of Rhode Island rules and regulations related to the Medical Marijuana Program administered by the Department of Health.28. "Unusable marijuana" means marijuana seeds, stalks, seedlings, and unusable roots.29. "Usable marijuana" means the dried leaves and flowers of the marijuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant.30. "Wet marijuana" means the harvested leaves and flowers of the marijuana plant before they have reached a dry usable state. Marijuana that has been dried to a usable state shall be assumed to have yielded twenty percent (20%) of the weight of the wet marijuana as defined in § 3.13 of this Part.31. "Written certification" means the qualifying patient's medical records, and a statement signed by a practitioner, stating that in the practitioner's professional opinion the potential benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient. A written certification shall be made only in the course of a bona fide practitioner-patient relationship after the practitioner has completed a full assessment of the qualifying patient's medical history. The written certification shall specify the qualifying patient's debilitating medical condition or conditions.216 R.I. Code R. 216-RICR-20-10-3.3
Amended effective 8/16/2020