Statutes, codes, and regulations
Rhode Island Administrative Code
Title 230 - Department of Business RegulationChapter 80 - MarijuanaSubchapter 05 - Medical Marijuana
Part 1 - Rules and Regulations Related to the Medical Marijuana Program Administered by the Office of Cannabis Regulation at the Department of Business Regulation
Section 230-RICR-80-05-1.4 - Registry Identification Cards

230-80-05 R.I. Code R. § 1.4

Download
PDF
Current through April 16, 2024
Section 230-RICR-80-05-1.4 - Registry Identification Cards
A. Eligibility
1. Pursuant to R.I. Gen. Laws §§ 21-28.6-12(c)(6), 21-28.6-16(b) and 21-28.6-6(g), all principal officers, board members, employees, agents, and volunteers of a compassion center or licensed cultivator, and all primary caregivers shall apply for registry identification cards.
2. Cardholders shall be at least twenty-one (21) years old.
B. Application Requirements
1. Every applicant for a registry identification card shall submit:
a. A complete application on such forms and through such submission mechanisms as directed by DBR; and
b. The non-returnable, non-refundable annual fee of one hundred dollars ($100.00) for each initial application and subsequent annual renewal. R.I. Gen. Laws §§ 21-28.6-5(c), 21-28.6-12(c)(6) and 21-28.6-16(b) and (l).
c. Fees may be waived in certain circumstances for primary caregiver applicants in accordance with § 1.4(B)(5) of this Part.
2. DBR shall verify the information contained in the application or renewal and shall approve or deny an application or renewal within thirty-five (35) days of receiving a complete application.
3. If DBR fails to respond by issuing a valid registry identification card in response to a valid and complete application submitted pursuant to the Act or these Regulations within thirty-five (35) days of its submission, provided that the application was not denied, the registry identification card shall be deemed granted and a copy of the registry identification application shall be deemed a valid registry identification card. R.I. Gen. Laws § 21-28.6-9(b).
4. DBR may deny an application or renewal if:
a. The applicant did not provide the information required pursuant to the Act;
b. DBR determines that the information provided was falsified;
c. The applicant or designating patient has violated the Act or the DBR Regulations under his or her previous registration;
d. The applicant or designating patient has otherwise failed to satisfy the application or renewal requirements;
e. The designating patient has elected to grow medical marijuana for themselves and/or has obtained medical marijuana grow tags under their patient registration, or is otherwise growing their own marijuana; or f. The designating patient, caregiver applicant, or caregiver cardholder previously failed to satisfy program requirements set forth in R.I. Gen. Laws § 21-28.6-15(a)(5).
5. Primary Caregiver Applicants Only
a. The application fee may be waived if the primary caregiver submits satisfactory evidence with the application that they or their qualifying patient(s) are a recipient of Medicaid, Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), Veteran Disability, or Railroad Disability.
b. Applications from eligible primary caregivers appointed by patients who are currently receiving chemotherapy or have been admitted to hospice will be expedited and their applications, if deemed complete, will be issued within seventy-two (72) hours of receipt and the application fee will be waived.
c. Patients and caregivers that qualify for any free or reduced registry fees are still subject to required processing fees for the issuance of registry identification cards.
C. Criminal Background Checks
1. All compassion center and licensed cultivator owners, members, officers, directors, managers, agents, and primary caregiver applicants will be subject to a national criminal background check as part of their application for a registry identification card. R.I. Gen. Laws §§ 21-28.6-6(g)(1), 21-28.6-12(c)(7) and 21-28.6-16(k).
2. DBR shall deny an application for a registry identification card if the background check reveals the applicant has been convicted of a felony drug offense or has entered a plea of nolo contendere for a felony drug offense and received a sentence of probation, unless the applicant successfully petitions for an exception pursuant to § 1.4(C)(8) of this Part. R.I. Gen. Laws §§ 21-28.6-12(c)(7), 21-28.6-9(c) and 21-28.6-16(k)(2).
3. Applicants shall apply to RISP, the Attorney General's Office or Local Law Enforcement for a national criminal identification records check that shall include fingerprints submitted to the Federal Bureau of Investigation. R.I. Gen. Laws §§ 21-28.6-6(g)(1), 21-28.6-12(c)(7)(i) and 21-28.6-16(k).
4. Upon the discovery of a felony drug offense conviction or a plea of nolo contendere for a felony drug offense with a sentence of probation, RISP, the Attorney General's Office or Local Law Enforcement shall inform the applicant, in writing, of the nature of the felony. R.I. Gen. Laws §§ 21-28.6-6(g)(1), 21-28.6-12(c)(7)(i) and 21-28.6-16(k) and (k)(2).
5. Upon discovery of disqualifying information, RISP, the Attorney General's Office or Local Law Enforcement shall notify DBR, in writing, without disclosing the nature of the felony, that a felony drug offense conviction or a plea of nolo contendere for a felony drug offense with probation has been found. R.I. Gen. Laws §§ 21-28.6-6(g)(1), 21-28.6-12(c)(7)(i) and 21-28.6-16(k) and (k)(2).
6. In those situations in which no felony drug offense conviction or plea of nolo contendere for a felony drug offense with probation has been found, RISP, the Attorney General's Office or Local Law Enforcement shall inform the applicant and DBR, in writing, of this fact. R.I. Gen. Laws §§ 21-28.6-6(g)(2), 21-28.6-12(c)(7)(ii) and 21-28.6-16(k)(1).
7. Applicants shall be responsible for any expense associated with the national criminal background check with fingerprints. R.I. Gen. Laws §§ 21-28.6-12(c)(7)(iii), 21-28.6-6(g)(6) and 21-28.6-16(k)(3).
8. DBR, in its discretion, may grant a registry identification card if the disqualifying offense was for conduct that occurred prior to the enactment of the Act or that was prosecuted by an authority other than the state of Rhode Island and for which the Act would otherwise have prevented a conviction, or in accordance with R.I. Gen. Laws § 21-28.6-6(g)(5).
a. To seek relief from a criminal background disqualification pursuant to R.I. Gen. Laws § 21-28.6-6(g)(5), the applicant must make the request for relief to the DBR in writing on any applicable forms.
b. To seek relief from criminal background disqualification pursuant to R.I. Gen. Laws § 21-28.6-12(c)(7), the applicant must make the request for relief to the DBR in writing, setting forth in detail why the Act would have prevented a conviction, including all applicable court records and legal documents.
c. DBR may conduct a hearing on the issue and, if so, the applicant shall bear the burden of proof to show why the relief should be granted.
9. The compassion center, licensed cultivator or primary caregiver will be notified in writing of the purpose for denying a cardholder application. R.I. Gen. Laws §§ 21-28.6-6(g), 21-28.6-12(c)(7) and 21-28.6-16(k).
a. In the case of key person/interest holder applicants, DBR shall limit its disclosure of the purpose to a statement of the fact that disqualifying information was found, without revealing to the compassion center or licensed cultivator any further detail of the offense.
10. DBR will not require a person subject to a national criminal background check under this subsection to undergo such a check more than once every two (2) years, unless a more frequent time frame is mandated and/or agreed to as part of an enforcement action, or unless DBR has been notified of disqualifying conviction/plea.
D. Issuance of the Registry Identification Card
1. Once the application is approved by DBR, the owners, members, officers, directors, managers, agents, employees, and volunteers of the compassion center or cultivator, or primary caregiver is responsible for getting a registry identification card from DBR.
2. The registry identification card shall contain:
a. For compassion center and licensed cultivator cardholders (R.I. Gen. Laws § 21-28.6-12(c)(6)):
(1) The name, address and date of birth of the person;
(2) The legal name of the compassion center or cultivator that the individual is affiliated with;
(3) The category of the person's affiliation: principal officer, board member, employee, agent, or volunteer;
(4) The date of issuance and expiration date of the registry identification card;
(5) A random registry identification number; and
(6) A photograph.
b. For registered primary caregivers (R.I. Gen. Laws § 21-28.6-6(h)):
(1) The name of the person applying as a primary caregiver;
(2) The date of issuance and expiration date of the registry identification card;
(3) A random registry identification number;
(4) A photograph; and
(5) Any additional information as required by DBR.
3. Registry identification cards shall not be transferable to another cardholder.
E. Expiration and Renewal of the Registry Identification Cards
1. Registry identification cards shall expire one year after issuance.
2. Renewal applications shall be on such forms and through such submission mechanisms as directed by DBR. R.I. Gen. Laws §§ 21-28.5(c), 21-28.6-12(c)(8), and 21-28.6-16(b).
3. Renewal applications must be received by DBR prior to the expiration of the registry identification card.
4. Any renewal of a registry identification card shall be subject to the same provisions and requirements covering issuance and denial of any card as originally issued.
F. Required Updates to DBR
1. Name and Address: A cardholder shall notify DBR of any change in his or her name, email or mailing address within ten (10) business days of such change. R.I. Gen. Laws §§ 21-28.6-6(i)(3) and (4), 21-28.6-12(c)(9) and (10), and 21-28.6-16(l)(1) and (2).
a. Changes in name and/or address require the cardholder to remit a ten-dollar ($10.00) fee to DBR.
b. Upon receipt of the notice and fee, DBR will issue an updated registry identification card.
c. A cardholder who fails to notify DBR of any of these changes may be subject to a fine up to one hundred fifty dollars ($150).
2. Lost/Stolen Cards: If a cardholder loses his or her registry identification card (most importantly if a card is suspected to be stolen), the cardholder shall notify DBR and submit a ten-dollar ($10.00) fee within ten (10) business days of losing the registry identification card.
a. Upon receipt of the notice and fee, DBR will issue a replacement registry identification card within five (5) days with a new random identification number. R.I. Gen. Laws §§ 21-28.6-6(h)(6), 21-28.6-12(c)(11) and 21-28.6-16(l)(3).
3. Primary Caregiver Cardholders only:
a. A primary caregiver cardholder must notify DBR of any change in the cardholder's status of appointing patient, or if their appointing patient ceases to have his or her debilitating medical condition, within ten (10) days of such change.
b. Upon receipt of notice from a primary caregiver cardholder of any changes related to the appointing patient and a ten-dollar ($10.00) fee, DBR will issue a new registry identification card.
c. If a patient cardholder has ceased to suffer from a debilitating medical condition, their appointed caregiver's card and registration shall be deemed null and void and the former caregiver shall be subject to any penalties that may apply to the person's non-medical production, manufacture, distribution, or use of marijuana.
4. In all circumstances requiring issuance of a new registry identification card, the cardholder shall be responsible for getting the updated registry identification card from DBR.
G. Duty to Notify DBR of Disqualifying Criminal Information
1. A cardholder shall notify DBR of any disqualifying criminal convictions as defined in R.I. Gen. Laws §§ 21-28.6-6(g), 21-28.6-12(c)(7) and 21-28.6-16(k)(2). Such notification must be made in writing within ten (10) business days.
H. Termination of a Registry Identification Card
1. Pursuant to R.I. Gen. Laws § 21-28.6-12(i), a person found to have dispensed marijuana to a non-cardholder or in excess of the statutory limits is not eligible to be a compassion center cardholder, and such person's registry identification card shall be immediately revoked.
2. If a cardholder violates any other provisions of the Act, DBR Regulations, or DOH Regulations, his or her registry identification card may be suspended/revoked as determined by DBR pursuant to § 1.13 of this Part and R.I. Gen. Laws §§ 21-28.6-6(g) and (i)(8), 21-28.6-12(c)(14) and 21-28.6-16(l)(5).
3. Compassion Center and Cultivator Cardholders a. When a cardholder ceases work with a compassion center or licensed cultivator, whether voluntarily, involuntarily or upon the compassion center or licensed cultivator closing, his or her registry identification card shall be null and void. In that situation, the compassion center or licensed cultivator and/or the cardholder shall notify DBR and the registry identification card shall be returned to DBR within ten (10) days. No hearing shall be necessary to render the card null and void in this situation. In addition to being null and void, a penalty of up to one hundred and fifty dollars ($150) may be assessed for failure to return the card within the ten (10) day period. R.I. Gen. Laws §§ 21-28.6-6(i)(3) (caregivers), 21-28.6-12(c)(9) and (f)(3) (compassion centers) and 21-28.6-16(l) (cultivators).
4. Primary Caregiver Cardholders a. When a qualifying patient cardholder changes his or her primary caregiver or authorized purchaser, DBR shall notify the primary caregiver cardholder within ten (10) days. The primary caregiver cardholder's protections as provided in the Act as to that patient shall expire ten (10) days after notification by DBR. If the primary caregiver cardholder is connected to no other qualifying patient cardholders in the program, he or she must return his or her registry identification card to the DBR. R.I. Gen. Laws § 21-28.6-6(i) (5).

230 R.I. Code R. § 230-RICR-80-05-1.4

Amended effective 3/25/2020