Section 230-RICR-80-05-1.9 - Registered Primary Caregivers1.9.1 EligibilityA. A caregiver must receive a valid registry identification card from DBR pursuant to § 1.4 of this Part.B. In accordance with R.I. Gen. Laws § 21-28.6-4(d), every registered caregiver prior to growing medical marijuana must: 1. Submit documentation that they own the premises where they will grow medical marijuana and register grow tags in accordance with § 1.12 of this Part; or2. Submit documentation on forms issued by DBR that shows they have the permission of the landlord/owner of the property to grow medical marijuana on the premises and register grow tags in accordance with § 1.12 of this Part.1.9.2Possession Limits and Manufacturing ProhibitionsA. Pursuant to R.I. Gen. Laws §§ 21-28.6-4(f) and 21-28.6-4(g), no primary caregiver cardholder shall possess, for each patient cardholder to whom he or she is connected through the DBR's registration process, an amount of marijuana which exceeds: 1. Twelve (12) mature and twelve (12) immature marijuana plants that are accompanied by valid medical marijuana plant tag certificates purchased from DBR; and a. Two and one-half (2.5) ounces of dried marijuana or its equivalent amount pursuant to § 1.14 of this Part; or b. A combination that does not exceed the usable marijuana limit of two and one-half (2.5) ounces pursuant to R.I. Gen. Laws § 21-28.6-4(f).B. Pursuant to R.I. Gen. Laws § 21-28.6-4(p), regardless of the number of patients a primary caregiver is registered with, no primary caregiver cardholder shall possess an amount of marijuana in excess of: 1. Twenty-four (24) mature and twenty-four (24) immature marijuana plants that are accompanied by valid medical marijuana plant tag certificates purchased from DBR; and a. Five (5) ounces of dried marijuana or its equivalent amount pursuant to § 1.14 of this Part; or b. A combination that does not exceed the usable marijuana limit of five (5) ounces pursuant to R.I. Gen. Laws § 21-28.6-4(p).C. Primary caregiver cardholders are prohibited from engaging in the manufacturing of marijuana products using a solvent extraction process that includes the use of a compressed, flammable gas as a solvent.D. Any other manufacturing method must be approved by DBR. If the manufacturing method uses a flammable/combustible material or heat source, the method must also be approved by the State Fire Marshal and/or local fire department. The primary caregiver cardholder must provide any information and documentation as required to consider any such requests for approval.1.9.3Reimbursement Requirements and DocumentationA. Reimbursement Requirements - R.I. Gen. Laws § 21-28.6-4(i)1. A registered primary caregiver cardholder may only receive reimbursement for the actual costs of goods, materials, services and utilities for which they have incurred expenses.2. A registered primary caregiver may not receive reimbursement or compensation for his or her time, knowledge, or expertise. B. Documentation Requirements - R.I. Gen. Laws § 21-28.6-4(i)1. All registered primary caregiver cardholders shall maintain records and document: a. All actual costs of goods, materials, services or utilities for which they have incurred expenses while assisting their registered patient(s) with the medical use of marijuana;b. All reimbursements, contributions, or considerations received from their registered patient(s) for expenses incurred as their caregiver;c. The amount of medical marijuana plant material cultivated, harvested, and/or manufactured through the course of their caregiver activities; and d. A transfer log which must include the amount of medical marijuana supplied and transferred to their registered/appointing patient(s), the date of each transfer and the reimbursement amount the caregiver received. Each transfer must be initialed and dated by the receiving patient.2. Registered primary caregivers shall maintain all logs, records and documentation of medical marijuana produced and/or manufactured, expenses, reimbursements, and patient transfers for the entire period that they provide medical marijuana to and are associated with their registered patient(s) and for a period of at least one year thereafter.3. Caregivers must produce for review all logs, records, and documentation of their expenses, reimbursements, marijuana production and patient transfers to their registered/appointing patient(s), or to DBR, upon request.1.9.4 Confidentiality ProvisionsA. Applications and supporting information submitted by qualifying patients, including information regarding their primary caregivers are confidential and protected in accordance with the Act.B. Any list(s) of the persons to whom DOH and/or DBR have issued registry identification card shall be maintained confidentially.1. Individual names and other identifying information on the list: a. Shall be confidential and not be considered a public record pursuant to R.I. Gen. Laws § 38-2-2(4); and b. Shall not subject to disclosure, except to authorized employees of the DOH and DBR as necessary to perform official duties of the Departments and pursuant to the Act.2. Pursuant to R.I. Gen. Laws § 21-28.6-6(l), DBR shall verify to law enforcement personnel whether a registry identification card is valid and may provide additional information to confirm whether a cardholder is compliant with the provisions of the Act and any regulations promulgated thereunder. This verification may occur by using a shared database, provided that any medical records or confidential information in this database related to a cardholder's specific medical condition is protected in accordance with the Act.3. Pursuant to R.I. Gen. Laws § 21-28.6-6(l), DBR may notify law enforcement personnel about falsified or fraudulent information submitted to DBR, violations of the Act or any regulations promulgated thereunder.1.9.5Penalties for ViolationsA. Administrative penalties for violations may be imposed as set forth in § 1.13 of this Part.B. Criminal penalties for violations may be imposed as further described in § 1.13 of this Part.230 R.I. Code R. § 230-RICR-80-05-1.9
Amended effective 3/25/2020