reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.2 - Drug Abuse Control › Section 21-28.2-7. - Application for hearing or jury trial.

§ 21-28.2-7. Application for hearing or jury trial.
Upon demand by the alleged narcotic addict or anyone on his or her behalf, the court shall, or it may upon its own motion, issue an order directing the hearing of the application before the court unless the alleged addict requests a hearing before a jury. If the proceeding is in the district court, upon request, the matter shall be transferred to the superior court for the hearing and determination. The order shall be served upon the parties interested in the application and upon any other person that the court, in its discretion, may name. If the alleged addict elects a hearing before the court, he or she shall not be entitled to a jury trial. If a jury is requested, it shall be held in accordance with the rules of the superior court. At the time and place designated for the hearing by the appropriate court, it and the jury, if requested, shall proceed to hear the testimony introduced for and against the application, and the alleged narcotic addict may be examined, if deemed advisable. The court may issue subpoenas for attendance of witnesses at the hearing or trial and the alleged narcotic addict shall have the right to have subpoenas issued for this purpose. At the hearing or trial the alleged narcotic addict shall have the right to be represented by counsel, to present witnesses on his or her behalf, and to cross-examine witnesses. For purposes of this section, in a proceeding in which the alleged addict’s spouse is the petitioner, no communication made by the alleged addict to the spouse shall be deemed confidential within the provision of the general laws relating to confidential communications between husband and wife. If, from the facts ascertained upon the hearing, the proofs produced, the petition, and the report of the medical examination, the jury or, if there is no jury, the court, shall determine that the person is a narcotic addict, the court shall immediately issue an order certifying that person to the care and custody of the department for the period provided in § 21-28.2-8, provided that facilities are available.
History of Section.
P.L. 1970, ch. 163, § 1; P.L. 1976, ch. 140, § 4.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.2 - Drug Abuse Control › Section 21-28.2-8. - Period of commitment.

§ 21-28.2-8. Period of commitment.
(a)
The period of commitment to the department shall be a period of unspecified duration which shall commence and terminate as provided in subsection (b) of this section and the court shall not fix the minimum or maximum length of the period.
(b)
The period shall commence on the date the order of certification is made provided that facilities are available, and shall terminate upon the first to occur of:
(1)
The discharge of the narcotic addict by the department as rehabilitated; or
(2)
The expiration of a period of thirty-six (36) months from the date the period commenced.
History of Section.
P.L. 1970, ch. 163, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.2 - Drug Abuse Control › Section 21-28.2-9. - Private session — Records of proceedings.

§ 21-28.2-9. Private session — Records of proceedings.
Unless the alleged narcotic addict requests, all proceedings under this chapter shall be private and shall be conducted in closed sessions. The petition, the report of the medical examination, the order directing a hearing before the court or a jury trial, if one is issued, the decision of the court, and the order of certification shall be filed in the office of the clerk of the court in which the proceedings under this chapter were had, and copies shall be presented to the department at the time of commitment of the narcotic addict to the department. The court shall order all these filed papers in the clerk’s office and all other papers in the proceeding sealed, and exhibited only to the parties to the proceedings, or someone properly interested, upon order of the court.
History of Section.
P.L. 1970, ch. 163, § 1; P.L. 1976, ch. 140, § 4.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.2 - Drug Abuse Control › Section 21-28.2-10. - Writ of habeas corpus — Discharge.

§ 21-28.2-10. Writ of habeas corpus — Discharge.
If a writ of habeas corpus is obtained in behalf of a person certified to the department, and it appears at the hearing on the return to the writ that the person may properly be discharged, the judge or justice before whom the hearing is had shall direct.
History of Section.
P.L. 1970, ch. 163, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.2 - Drug Abuse Control › Section 21-28.2-11. - Detention — Pending hearings.

§ 21-28.2-11. Detention — Pending hearings.
The court may, in an appropriate case, direct the detention of an alleged narcotic addict in any detention facility designated by the department on pending proceedings pursuant to this chapter.
History of Section.
P.L. 1970, ch. 163, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.2 - Drug Abuse Control › Section 21-28.2-12. - Retention, supervision, and transfer.

§ 21-28.2-12. Retention, supervision, and transfer.
The department may retain any narcotic addict certified to its care and custody in a rehabilitation center or other facility designated by the department, or under any form of supervision it may deem appropriate, or may assign or transfer the narcotic addict to the facilities or supervision of any other department or agency of the state or of a person, association, or corporation providing facilities or services approved by the department provided that any assignment or transfer shall be pursuant to procedures prescribed by law and rules and regulations adopted by the department and agreed to by the department, agency, person, association, or corporation, and provided, that no narcotic addict certified to the care and custody of the department pursuant to §§ 21-28.2-3 — 21-28.2-11 shall be assigned or transferred to any correctional institution. A person assigned or transferred shall continue to be under the jurisdiction of the department except that the person shall be temporarily cared for, treated, or supervised by the department, agency, person, association, or corporation to which he or she is transferred.
History of Section.
P.L. 1970, ch. 163, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.2 - Drug Abuse Control › Section 21-28.2-13. - Preservation of rights.

§ 21-28.2-13. Preservation of rights.
The certification of a narcotic addict to the care and custody of the department pursuant to §§ 21-28.2-3 — 21-28.2-11, or the transfer of the narcotic addict pursuant to § 21-28.2-12, shall not forfeit or abridge any of the rights of the narcotic addict as a citizen of the United States or of the state of Rhode Island, nor shall the provisions of the election law depriving or limiting the right of a person admitted or certified to a mental institution to register or vote be applicable to the narcotic addict; nor shall the facts or proceedings relating to the admission, certification, or treatment of the narcotic addict be used against that person in any proceeding in any court, other than a proceeding pursuant to the provisions of this chapter.
History of Section.
P.L. 1970, ch. 163, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.2 - Drug Abuse Control › Section 21-28.2-14. - Proceedings with respect to juveniles.

§ 21-28.2-14. Proceedings with respect to juveniles.
Nothing in this chapter shall deprive any narcotic addict of the right to the jurisdiction of the family court, provided that if the family court in accordance with the procedures as set out in this chapter determines that any person is a narcotic addict the court shall certify the defendant to the care and custody of the department in accordance with the procedures specified in this chapter, provided that facilities are available.
History of Section.
P.L. 1970, ch. 163, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.2 - Drug Abuse Control › Section 21-28.2-14.1. - Appeals.

§ 21-28.2-14.1. Appeals.
A party aggrieved by a final order of a court entered in a proceeding brought under this chapter may appeal that order to the supreme court in accordance with the procedures contained in the rules of appellate procedure of the supreme court.
History of Section.
P.L. 1976, ch. 140, § 5.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.2 - Drug Abuse Control › Section 21-28.2-15. - Chapter inapplicable in criminal cases.

§ 21-28.2-15. Chapter inapplicable in criminal cases.
The provisions of this chapter shall not be applicable with respect to any person against whom there is pending a criminal charge, whether by indictment or by information, which has not been fully determined or who is on probation or whose sentence following conviction on that charge, including any time on parole or mandatory release, has not been fully served, except that:
(1)
This provision shall be applicable to any person on probation, parole, or mandatory release if the authority authorized to require that person’s return to custody consents to his or her commitment;
(2)
This provision shall be applicable to any person who is before a judge or justice on any criminal charge, only if the judge or justice finds reasonable grounds to believe that the person is a narcotic addict. If the judge or justice finds such reasonable grounds he or she shall inform the director of health of this finding and the director of health shall then proceed in accordance with the provisions of this chapter.
History of Section.
P.L. 1970, ch. 163, § 1; P.L. 1989, ch. 542, § 40.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.2 - Drug Abuse Control › Section 21-28.2-16. - Department’s consent to certification.

§ 21-28.2-16. Department’s consent to certification.
Notwithstanding the provisions of this chapter, no narcotic addict shall be certified to the care and custody of the department unless the department consents to the certification and facilities are available.
History of Section.
P.L. 1970, ch. 163, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.2 - Drug Abuse Control › Section 21-28.2-17. - Care, custody, and supervision of narcotic addicts.

§ 21-28.2-17. Care, custody, and supervision of narcotic addicts.
(a)
The department shall establish regulations and standards for custody, release, aftercare, and aftercare supervision of narcotic addicts who have been certified to its care and custody pursuant to any provision of this chapter.
(b)
A person who has been certified to the care and custody of the department pursuant to any provision of this chapter who, while confined in any facility, escapes from the facility, or who either fails to report as required or who absconds from aftercare supervision shall be declared delinquent by the department as of the date of escape, failure to report, or abscondence. The declaration of delinquency shall interrupt the period of the commitment as of the date of delinquency and the interruption shall continue until the return of the person to the facility from which he or she escaped or until his or her return to the authorized supervision of the department.
(c)
The department shall have the power to issue a warrant for the arrest of a person declared delinquent by it. A warrant issued pursuant to this subsection shall be directed to any police officer in the state for execution. The warrant shall constitute sufficient authority to hold in temporary custody the person retaken pursuant to it until the time as the person can be returned to the department and no order of commitment shall be necessary for it.
History of Section.
P.L. 1970, ch. 163, § 1; P.L. 1974, ch. 242, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.2 - Drug Abuse Control › Section 21-28.2-18. - Discharge of certified narcotic addicts.

§ 21-28.2-18. Discharge of certified narcotic addicts.
Any other provisions of this article notwithstanding, a narcotic addict certified to the care and custody of the department may be discharged from that care and custody in order to serve another certification, commitment, or sentence, provided the period of the other certification, commitment, or sentence is likely to extend beyond the termination of the certification from which he or she would be discharged.
History of Section.
P.L. 1970, ch. 163, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.2 - Drug Abuse Control › Section 21-28.2-19. - Aftercare — Supervision of certain narcotic addicts.

§ 21-28.2-19. Aftercare — Supervision of certain narcotic addicts.
The department shall establish and conduct programs of care and supervision for narcotic addicts into which narcotic addicts who have completed a prescribed course of inpatient treatment may be placed upon the department’s determination that the narcotic addict will benefit by supervision and aftercare treatment. The facilities and programs for supervision and aftercare by private agencies and agencies of political subdivisions of the state shall be reviewed and approved by the department to determine if they conform to the standards established by the department. The department shall establish regulations and standards for release and aftercare placement of narcotic addicts. The department shall have the power to order any narcotic addict from aftercare supervision to inpatient treatment.
History of Section.
P.L. 1970, ch. 163, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.2 - Drug Abuse Control › Section 21-28.2-20. - Approval of rehabilitation facilities and service.

§ 21-28.2-20. Approval of rehabilitation facilities and service.
(a)
No narcotic addict certified to the care and custody of the department shall be assigned or transferred to or retained by any person, association, or corporation operating a facility for the care, treatment, or rehabilitation of narcotic addicts, or providing organized services for the treatment, care, or rehabilitation of narcotic addicts, unless the facility or services have been approved by the department pursuant to this section. That approval shall be granted pursuant to rules and regulations of the department which rules and regulations shall prescribe standards of good moral character, financial responsibility, adequacy of buildings and equipment, quality of care, qualifications of personnel, and form of records to be maintained, and shall provide for periodic review of the approval.
(b)
An application for the approval of the department pursuant to subsection (a) of this section shall be filed with the director together with any other forms and information that shall be prescribed by, or acceptable to, the department.
(c)
If the department proposes to disapprove the application, it shall afford the applicant an opportunity to request a public hearing. If requested, a public hearing shall be held and may be conducted by the director or the director’s duly appointed designee.
History of Section.
P.L. 1970, ch. 163, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.2 - Drug Abuse Control › Section 21-28.2-21. - Annual appropriation.

§ 21-28.2-21. Annual appropriation.
The general assembly shall annually appropriate a sum that it may deem necessary to carry out the purposes of this chapter.
History of Section.
P.L. 1970, ch. 163, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.2 - Drug Abuse Control › Section 21-28.2-22. - Severability.

§ 21-28.2-22. Severability.
The provisions of this chapter are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of that court shall not affect or impair any of the remaining provisions.
History of Section.
P.L. 1970, ch. 163, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.3 - Drug Abuse Reporting System › Section 21-28.3-1. - Drug abuse reporting system established.

§ 21-28.3-1. Drug abuse reporting system established.
The director of health, or the director’s designee, shall establish and maintain a drug abuse reporting system to compile relevant statistics of incidents of drug abuse, for the purpose of aiding and assisting health and social service agencies, public and private, in the treatment and rehabilitation of victims of drug abuse.
History of Section.
P.L. 1972, ch. 263, § 1; P.L. 1997, ch. 30, art. 28, § 6.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.3 - Drug Abuse Reporting System › Section 21-28.3-2. - Contents of statistics.

§ 21-28.3-2. Contents of statistics.
The statistics shall include, but not be limited to, the age, sex, occupation, background, and degree of apparent dependency of the individual involved, and the nature and type of drug involved, according to forms and regulations established by the director, which forms and regulations are exempted from the Administrative Procedures Act, chapter 35 of title 42. All hospitals, physicians, and state and local law enforcement agencies shall be required to report, on a monthly basis, the facts and circumstances of incidents of drug abuse to the department of health in accordance with the reporting system established by the director of the department of health.
History of Section.
P.L. 1972, ch. 263, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.3 - Drug Abuse Reporting System › Section 21-28.3-3. - Confidentiality.

§ 21-28.3-3. Confidentiality.
In the maintenance, compilation, and providing of the statistics, the director of health, the hospitals, and the physicians shall maintain a confidentiality with respect to the identity of the individuals involved except where ordered to the contrary by any court of competent jurisdiction in the state; that confidentiality shall not extend to the records and files of the law enforcement agencies, except insofar as the confidentiality is protected under other provisions of the general laws, or otherwise. The director is authorized to provide any public or private drug control agency or social service agency with the compilation and detail of the statistics described in §§ 21-28.3-1 and 21-28.3-2.
History of Section.
P.L. 1972, ch. 263, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.3 - Drug Abuse Reporting System › Section 21-28.3-4. - Breach of confidentiality.

§ 21-28.3-4. Breach of confidentiality.
Any person who directly or indirectly violates or conspires to violate the confidentiality provisions of § 21-28.3-3 shall be guilty of a misdemeanor and shall be punishable by a sentence of up to six (6) months in jail and/or a fine of up to one thousand dollars ($1000).
History of Section.
P.L. 1972, ch. 263, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.4 - Controlled Substances Therapeutic Research Act › Section 21-28.4-1. - Controlled substances therapeutic research program established — Participation.

§ 21-28.4-1. Controlled substances therapeutic research program established — Participation.
(a)
There is established within the department of health the “controlled substances therapeutic research program.” The program shall be administered by the director of health or the director’s designee. The department shall promulgate rules and regulations necessary for proper administration of this chapter.
(b)
The controlled substances therapeutic research program shall be limited to patients who are certified by a practitioner as being involved in a life-threatening or sense-threatening situation and who are not responding to conventional drug therapies or where these conventional therapies have proven effective but expose the patient to intolerable side effects.
(c)
The director of health is authorized to protect the privacy of individuals who are participants in the controlled substances therapeutic program by withholding from all persons not directly connected with the conduct of the program the names and other identifying characteristics of the participants. Persons who are given this authorization shall not be compelled in any civil, criminal, administrative, legislative, or other proceeding to identify the individuals who are participants in the controlled substances therapeutic research program, except to the extent necessary to permit the director of health to determine whether the controlled substances therapeutic program is being conducted in accordance with the authorization.
History of Section.
P.L. 1980, ch. 375, § 1; P.L. 1986, ch. 236, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.4 - Controlled Substances Therapeutic Research Act › Section 21-28.4-2. - Review of program applications and practitioners.

§ 21-28.4-2. Review of program applications and practitioners.
The director of health or the director’s designee shall review all applicants for the controlled substances therapeutic research program and their licensed practitioners, and certify their participation in the program.
History of Section.
P.L. 1986, ch. 236, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.4 - Controlled Substances Therapeutic Research Act › Section 21-28.4-3. - Acquisition of supplies.

§ 21-28.4-3. Acquisition of supplies.
The director of health is authorized to apply for controlled substances in schedule I of § 21-28-2.08, in accordance with the provisions of § 21-31-16.
History of Section.
P.L. 1980, ch. 375, § 1; P.L. 1989, ch. 542, § 41.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.4 - Controlled Substances Therapeutic Research Act › Section 21-28.4-4. - Distribution of supplies.

§ 21-28.4-4. Distribution of supplies.
The director of health shall cause the controlled substances to be dispensed to the certified patient by a practitioner or facility approved by the director of health. The director of health shall file the names of certified practitioners and facilities with the secretary of state.
History of Section.
P.L. 1980, ch. 375, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.4 - Controlled Substances Therapeutic Research Act › Section 21-28.4-5. - Form of record.

§ 21-28.4-5. Form of record.
The form of records and who shall keep records shall be the same as required by § 21-28-3.16.
History of Section.
P.L. 1980, ch. 375, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.4 - Controlled Substances Therapeutic Research Act › Section 21-28.4-6. - Security.

§ 21-28.4-6. Security.
The security requirements for controlled substances used shall be the same as those provided for in § 21-28-3.28.
History of Section.
P.L. 1980, ch. 375, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.4 - Controlled Substances Therapeutic Research Act › Section 21-28.4-7. - Report.

§ 21-28.4-7. Report.
The director of health shall report his or her findings and recommendations to the governor and the legislature on an annual basis.
History of Section.
P.L. 1980, ch. 375, § 1; P.L. 1986, ch. 236, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.4 - Controlled Substances Therapeutic Research Act › Section 21-28.4-8. - Disposition of controlled substances.

§ 21-28.4-8. Disposition of controlled substances.
Excess or undesired controlled substances used in the controlled substances therapeutic research program shall be disposed of in accordance with the provisions of § 21-28-5.07.
History of Section.
P.L. 1980, ch. 375, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.4 - Controlled Substances Therapeutic Research Act › Section 21-28.4-9. - Enforcement.

§ 21-28.4-9. Enforcement.
It is the duty of the department of health and its agents designated by the director of health to enforce all provisions of this chapter.
History of Section.
P.L. 1980, ch. 375, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.4 - Controlled Substances Therapeutic Research Act › Section 21-28.4-10. - Penalties.

§ 21-28.4-10. Penalties.
Any person who violates any provision of this chapter, the penalty for which is not specified in the Uniform Controlled Substances Act, chapter 28 of this title, or of the rules and regulations of the director of health made under authority of this chapter, shall be sentenced to a term of imprisonment of not more than one year, a fine of not more than five hundred dollars ($500), or both.
History of Section.
P.L. 1980, ch. 375, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.4 - Controlled Substances Therapeutic Research Act › Section 21-28.4-11. - Appropriations.

§ 21-28.4-11. Appropriations.
The director of health shall provide necessary space, personnel, and material to carry out the provisions of this chapter. Extra costs incurred shall be annually submitted by the director of health in the director’s budget request in a one-line item for the controlled substance therapeutic research program.
History of Section.
P.L. 1980, ch. 375, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.5 - Sale of Drug Paraphernalia › Section 21-28.5-2. - Manufacture or delivery of drug paraphernalia — Penalty.

§ 21-28.5-2. Manufacture or delivery of drug paraphernalia — Penalty.
It is unlawful for any person to deliver, sell, possess with intent to deliver, or sell, or manufacture with intent to deliver, or sell drug paraphernalia, knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or introduce into the human body a controlled substance in violation of chapter 28 of this title. A violation of this section shall be punishable by a fine not exceeding five thousand dollars ($5,000) or imprisonment not exceeding two (2) years, or both.
Notwithstanding any other provision of the general laws, the sale, manufacture, or delivery of drug paraphernalia to a person acting in accordance with chapters 28.6 and 28.11 of this title shall not be considered a violation of this chapter. Any person violating this section, who but for his or her age at the time of the violation would be acting in accordance with chapter 28.11 of this title, shall be punished by a fine of one hundred dollars ($100), forfeiture of any drug paraphernalia, and shall be ordered to complete a drug awareness program pursuant to § 21-28.11-27.2.
History of Section.
P.L. 1982, ch. 384, § 1; P.L. 2019, ch. 88, art. 15, § 4; P.L. 2022, ch. 31, § 7, effective May 25, 2022; P.L. 2022, ch. 32, § 7, effective May 25, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.5 - Sale of Drug Paraphernalia › Section 21-28.5-3. - Delivery of drug paraphernalia to a minor — Penalty.

§ 21-28.5-3. Delivery of drug paraphernalia to a minor — Penalty.
Any person eighteen (18) years of age or over who violates § 21-28.5-2 by delivering drug paraphernalia to a person under eighteen (18) years of age shall be subject to a fine not to exceed five thousand dollars ($5,000) or imprisonment not to exceed five (5) years, or both.
History of Section.
P.L. 1982, ch. 384, § 1; P.L. 2004, ch. 6, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.5 - Sale of Drug Paraphernalia › Section 21-28.5-4. - Severability.

§ 21-28.5-4. Severability.
If any provisions of this chapter or application of any provisions to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are severable.
History of Section.
P.L. 1982, ch. 384, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.6 - The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act › Section 21-28.6-1. - Short title.

§ 21-28.6-1. Short title.
This chapter shall be known and may be cited as “The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act.”
History of Section.
P.L. 2005, ch. 442, § 1; P.L. 2005, ch. 443, § 1; P.L. 2007, ch. 72, § 1; P.L. 2007, ch. 495, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.6 - The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act › Section 21-28.6-2. - Legislative findings.

§ 21-28.6-2. Legislative findings.
The general assembly finds and declares that:
(1)
Modern medical research has discovered beneficial uses for marijuana in treating or alleviating pain, nausea, and other symptoms associated with certain debilitating medical conditions, as found by the National Academy of Sciences’ Institute of Medicine in March 1999.
(2)
According to the U.S. Sentencing Commission and the Federal Bureau of Investigation, ninety-nine (99) out of every one hundred (100) marijuana arrests in the United States are made under state law, rather than under federal law. Consequently, changing state law will have the practical effect of protecting from arrest the vast majority of seriously ill people who have a medical need to use marijuana.
(3)
Although federal law currently prohibits any use of marijuana, the laws of Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Vermont, and Washington permit the medical use and cultivation of marijuana. Rhode Island joins in this effort for the health and welfare of its citizens.
(4)
States are not required to enforce federal law or prosecute people for engaging in activities prohibited by federal law. Therefore, compliance with this chapter does not put the state of Rhode Island in violation of federal law.
(5)
State law should make a distinction between the medical and nonmedical use of marijuana. Hence, the purpose of this chapter is to protect patients with debilitating medical conditions, and their physicians and primary caregivers, from arrest and prosecution, criminal and other penalties, and property forfeiture if such patients engage in the medical use of marijuana.
(6)
The general assembly enacts this chapter pursuant to its police power to enact legislation for the protection of the health of its citizens, as reserved to the state in the Tenth Amendment of the United States Constitution.
(7)
It is in the state’s interests of public safety, public welfare, and the integrity of the medical marijuana program to ensure that the possession and cultivation of marijuana for the sole purpose of medical use for alleviating symptoms caused by debilitating medical conditions is adequately regulated.
(8)
The goal of the medical marijuana program is to create a system that is transparent, safe, and responsive to the needs of patients. Consequently, the medical marijuana program requires regulation and a comprehensive regulatory structure that allows for oversight over all suppliers of medical marijuana while ensuring both safety and patient access.
History of Section.
P.L. 2005, ch. 442, § 1; P.L. 2005, ch. 443, § 1; P.L. 2007, ch. 72, § 1; P.L. 2007, ch. 495, § 1; P.L. 2014, ch. 515, § 2; P.L. 2016, ch. 142, art. 14, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.6 - The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act › Section 21-28.6-5. - Departments of health and business regulation to issue regulations.

§ 21-28.6-5. Departments of health and business regulation to issue regulations.
(a)
Not later than ninety (90) days after the effective date of this chapter, the department of health shall promulgate regulations governing the manner in which it shall consider petitions from the public to add debilitating medical conditions to those included in this chapter. In considering such petitions, the department of health shall include public notice of, and an opportunity to comment in a public hearing, upon such petitions. The department of health shall, after hearing, approve or deny such petitions within one hundred eighty (180) days of submission. The approval or denial of such a petition shall be considered a final department of health action, subject to judicial review. Jurisdiction and venue for judicial review are vested in the superior court. The denial of a petition shall not disqualify qualifying patients with that condition, if they have a debilitating medical condition as defined in § 21-28.6-3. The denial of a petition shall not prevent a person with the denied condition from raising an affirmative defense.
(b)
Not later than ninety (90) days after the effective date of this chapter, the department of health shall promulgate regulations governing the manner in which it shall consider applications for, and renewals of, registry identification cards for qualifying patients and authorized purchasers.
(c)
Not later than October 1, 2019, the department of business regulation shall promulgate regulations not inconsistent with law, to carry into effect the provisions of this section, governing the manner in which it shall consider applications for, and renewals of, registry identification cards for primary caregivers.
(d)
On and after December 1, 2022, no fee shall be charged for application, registration or renewal of an identification card for a patient or primary caregiver pursuant to the provisions of this section. Registry identification cards for qualifying patients, authorized purchasers and primary caregivers shall be issued without charge.
History of Section.
P.L. 2005, ch. 442, § 1; P.L. 2005, ch. 443, § 1; P.L. 2007, ch. 72, § 1; P.L. 2007, ch. 495, § 1; P.L. 2012, ch. 88, § 1; P.L. 2012, ch. 118, § 1; P.L. 2016, ch. 142, art. 14, § 1; P.L. 2019, ch. 88, art. 15, § 5; P.L. 2022, ch. 31, § 5, effective May 25, 2022; P.L. 2022, ch. 32, § 5, effective May 25, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.6 - The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act › Section 21-28.6-6.1. - [Repealed.]

§ 21-28.6-6.1. [Repealed.]
History of Section.
P.L. 2005, ch. 442, § 1; P.L. 2005, ch. 443, § 1; P.L. 2007, ch. 72, § 1; P.L. 2007, ch. 495, § 1; P.L. 2009, ch. 16, § 1; P.L. 2009, ch. 17, § 1; P.L. 2010, ch. 110, § 1; P.L. 2010, ch. 229, § 1; P.L. 2012, ch. 88, § 1; P.L. 2012, ch. 118, § 1; P.L. 2014, ch. 515, § 2; P.L. 2016, ch. 415, § 1; P.L. 2016, ch. 416, § 1; Repealed by P.L. 2018, ch. 47, art. 14, § 3, effective June 22, 2018.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.6 - The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act › Section 21-28.6-7. - Scope of chapter.

§ 21-28.6-7. Scope of chapter.
(a)
This chapter shall not permit:
(1)
Any person to undertake any task under the influence of marijuana when doing so would constitute negligence or professional malpractice;
(2)
The smoking of marijuana:
(i)
In a school bus or other form of public transportation;
(ii)
On any school grounds;
(iii)
In any correctional facility;
(iv)
In any public place;
(v)
In any licensed drug treatment facility in this state; or
(vi)
Where exposure to the marijuana smoke significantly adversely affects the health, safety, or welfare of children;
(3)
Any person to operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marijuana. However, a registered qualifying patient shall not be considered to be under the influence solely for having marijuana metabolites in his or her system;
(4)
The operation of a medical marijuana emporium, which is expressly prohibited.
(b)
Nothing in this chapter shall be construed to require:
(1)
A government medical assistance program or private health insurer or workers’ compensation insurer, workers’ compensation group self-insurer, or employer self-insured for workers’ compensation under § 28-36-1 to reimburse a person for costs associated with the medical use of marijuana; or
(2)
An employer to accommodate the medical use of marijuana in any workplace.
(c)
Fraudulent representation to a law enforcement official of any fact or circumstance relating to the medical use of marijuana to avoid arrest or prosecution shall be punishable by a fine of five hundred dollars ($500) which shall be in addition to any other penalties that may apply for making a false statement for the nonmedical use of marijuana.
History of Section.
P.L. 2005, ch. 442, § 1; P.L. 2005, ch. 443, § 1; P.L. 2007, ch. 72, § 1; P.L. 2007, ch. 495, § 1; P.L. 2009, ch. 16, § 1; P.L. 2009, ch. 17, § 1; P.L. 2019, ch. 88, art. 15, § 5.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.6 - The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act › Section 21-28.6-8. - Affirmative defense and dismissal.

§ 21-28.6-8. Affirmative defense and dismissal.
(a)
Except as provided in § 21-28.6-7, a qualifying patient may assert the medical purpose for using marijuana as a defense to any prosecution involving marijuana, and the defense shall be presumed valid where the evidence shows that:
(1)
The qualifying patient’s practitioner has stated that, in the practitioner’s professional opinion, after having completed a full assessment of the person’s medical history and current medical condition made in the course of a bona fide practitioner-patient relationship, the potential benefits of using marijuana for medical purposes would likely outweigh the health risks for the qualifying patient; and
(2)
The qualifying patient was compliant with this chapter and all regulations promulgated hereunder and in possession of a quantity of marijuana that was not more than what is permitted under this chapter to ensure the uninterrupted availability of marijuana for the purpose of alleviating the person’s medical condition or symptoms associated with the medical condition.
(b)
A person may assert the medical purpose for using marijuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the defendant shows the elements listed in subsection (a) of this section.
(c)
Any interest in, or right to, property that was possessed, owned, or used in connection with a qualifying patient’s use of marijuana for medical purposes shall not be forfeited if the qualifying patient demonstrates the qualifying patient’s medical purpose for using marijuana pursuant to this section.
History of Section.
P.L. 2005, ch. 442, § 1; P.L. 2005, ch. 443, § 1; P.L. 2007, ch. 72, § 1; P.L. 2007, ch. 495, § 1; P.L. 2014, ch. 515, § 2; P.L. 2019, ch. 88, art. 15, § 5.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.6 - The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act › Section 21-28.6-10. - Severability.

§ 21-28.6-10. Severability.
If any provision of this chapter or its application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
History of Section.
P.L. 2005, ch. 442, § 1; P.L. 2005, ch. 443, § 1; P.L. 2007, ch. 72, § 1; P.L. 2007, ch. 495, § 1; P.L. 2012, ch. 88, § 1; P.L. 2012, ch. 118, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.6 - The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act › Section 21-28.6-13. - Construction.

§ 21-28.6-13. Construction.
This chapter shall be liberally construed so as to effectuate the purposes thereof.
History of Section.
P.L. 2012, ch. 88, § 2; P.L. 2012, ch. 118, § 2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.6 - The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act › Section 21-28.6-16.2. - Cannabis testing laboratories — Immunity.

§ 21-28.6-16.2. Cannabis testing laboratories — Immunity.
(a)
No cannabis testing laboratory shall be subject to prosecution; search (except by the departments pursuant to regulations); seizure; or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business, occupational, or professional licensing board or entity, solely for acting in accordance with the act and regulations promulgated hereunder to assist licensees.
(b)
No cannabis testing laboratory shall be subject to prosecution, search (except by the departments pursuant to regulations), seizure, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action, by a business, occupational, or professional licensing board or entity, for selling, giving, or distributing marijuana in whatever form, and within the limits established by, the department of health to another cannabis testing laboratory.
(c)
No principal officers, board members, agents, volunteers, or employees of a cannabis testing laboratory shall be subject to arrest, prosecution, search, seizure, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business, occupational, or professional licensing board or entity, solely for working for or with a cannabis testing laboratory to engage in acts permitted by the act and the regulations promulgated hereunder.
(d)
No state employee shall be subject to arrest, prosecution or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty, disciplinary action, termination, or loss of employee or pension benefits, for any and all conduct that occurs within the scope of his or her employment regarding the administration, execution and/or enforcement of this act, and the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this section.
History of Section.
P.L. 2018, ch. 47, art. 14, § 2; P.L. 2019, ch. 88, art. 15, § 5.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.6 - The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act › Section 21-28.6-17. - Revenue.

§ 21-28.6-17. Revenue.
(a)
Effective July 1, 2016, except for the one hundred twenty-five thousand dollar ($125,000) fee paid by hybrid cannabis retailers pursuant to § 21-28.11-10, all fees collected by the departments of health and business regulation from applicants, registered patients, primary caregivers, authorized purchasers, licensed medical marijuana cultivators, cooperative cultivations, compassion centers, other licensees licensed pursuant to this chapter, and compassion-center and other registry identification cardholders shall be placed in restricted-receipt accounts to support the state’s medical marijuana program, including but not limited to, payment of expenses incurred for the administration of the program. The restricted-receipt account will be known as the “medical marijuana licensing account” and will be housed within the budgets of the departments of business regulation and health until final issuance of rules and regulations by the commission, at which time said account shall be housed within the budget of the commission.
(b)
All revenues remaining in the restricted-receipt accounts after payments specified in subsection (a) of this section shall first be paid to cover any existing deficit in the department of health’s restricted-receipt account or the department of business regulation’s restricted-receipt account. These transfers shall be made annually on the last business day of the fiscal year until final issuance of rules and regulations of the commission, at which time the revenues subject to this subsection shall be used to cover any existing deficit in the commission’s budget.
(c)
All revenues remaining in the restricted-receipt accounts after payments specified in subsections (a) and (b) shall be paid into the state’s general fund. These payments shall be made annually on the last business day of the fiscal year.
History of Section.
P.L. 2016, ch. 142, art. 14, § 2; P.L. 2017, ch. 302, art. 7, § 1; P.L. 2019, ch. 88, art. 15, § 5; P.L. 2022, ch. 31, § 5, effective May 25, 2022; P.L. 2022, ch. 32, § 5, effective May 25, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.6 - The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act › Section 21-28.6-18. - Activities not exempt.

§ 21-28.6-18. Activities not exempt.
The provisions of this chapter do not exempt any person from arrest, civil or criminal penalty, seizure or forfeiture of assets, discipline by any state or local licensing board or authority, and state prosecution for, nor may they establish an affirmative defense based on this chapter to charges arising from, any of the following acts:
(1)
Driving, operating, or being in actual physical control of a vehicle or a vessel under power or sail while impaired by marijuana or marijuana products;
(2)
Possessing or using marijuana or marijuana products if the person is a prisoner;
(3)
Possessing or using marijuana or marijuana products in any local detention facility, county jail, state prison, reformatory, or other correctional facility, including, without limitation, any facility for the detention of juvenile offenders; or
(4)
Manufacturing or processing of marijuana products with the use of prohibited solvents, in violation of this chapter; or
(5)
Possessing, using, distributing, cultivating, processing or manufacturing marijuana or marijuana products which do not satisfy the requirements of this chapter.
History of Section.
P.L. 2019, ch. 88, art. 15, § 6.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.6 - The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act › Section 21-28.6-19. - Transfer of powers.

§ 21-28.6-19. Transfer of powers.
Upon final issuance of rules and regulations by the cannabis control commission pursuant to the provisions of chapter 28.11 of title 21, including, but not limited to, § 21-28.11-18, all powers, and duties, rulemaking authority, hearings, enforcement actions and administrative responsibilities and duties of the department of business regulation and department of environmental management with respect to this chapter shall be transferred to the cannabis control commission established pursuant to § 21-28.11-4.
History of Section.
P.L. 2022, ch. 31, § 6, effective May 25, 2022; P.L. 2022, ch. 32, § 6, effective May 25, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.7 - Possession and Trafficking in Dextromethorphan › Section 21-28.7-1. - Possession of dextromethorphan.

§ 21-28.7-1. Possession of dextromethorphan.
(a)
No person may possess one gram or more of pure dextromethorphan or dextromethorphan as defined in accordance with U.S. pharmacopeia reference standards extracted from solid or liquid dose forms, other than a medical facility, medical practitioner, pharmacist or pharmacy licensed pursuant to title 5 of the general laws, and registrants under § 510 of the Federal Food, Drug, and Cosmetic Act pursuant to 21 U.S.C. § 321 et seq.
(b)
A violation of this section shall carry a civil penalty of one thousand dollars ($1,000) for the first offense, and two thousand five hundred dollars ($2,500) for the second and subsequent offenses.
History of Section.
P.L. 2009, ch. 215, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.8 - The Good Samaritan Overdose Prevention Act [Expired.] › Section 21-28.8-1. - Expired.

§ 21-28.8-1. Expired.
History of Section.
P.L. 2012, ch. 251, § 1; P.L. 2012, ch. 263, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.8 - The Good Samaritan Overdose Prevention Act [Expired.] › Section 21-28.8-2. - Expired.

§ 21-28.8-2. Expired.
History of Section.
P.L. 2012, ch. 251, § 1; P.L. 2012, ch. 263, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.8 - The Good Samaritan Overdose Prevention Act [Expired.] › Section 21-28.8-3. - Expired.

§ 21-28.8-3. Expired.
History of Section.
P.L. 2012, ch. 251, § 1; P.L. 2012, ch. 263, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.8 - The Good Samaritan Overdose Prevention Act [Expired.] › Section 21-28.8-4. - Expired.

§ 21-28.8-4. Expired.
History of Section.
P.L. 2012, ch. 251, § 1; P.L. 2012, ch. 263, § 1.