reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.8 - The Good Samaritan Overdose Prevention Act [Expired.] › Section 21-28.8-5. - Expired.

§ 21-28.8-5. 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 21-28.9 - The Good Samaritan Overdose Prevention Act of 2016 › Section 21-28.9-1. - Short title.

§ 21-28.9-1. Short title.
This chapter shall be known and may be cited as “The Good Samaritan Overdose Prevention Act of 2016.”
History of Section.
P.L. 2016, ch. 1, § 1; P.L. 2016, ch. 2, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.9 - The Good Samaritan Overdose Prevention Act of 2016 › Section 21-28.9-2. - Definition.

§ 21-28.9-2. Definition.
“Opioid antagonist” means a drug which is a competitive antagonist that binds to the opioid receptors with higher affinity than agonists but does not activate the receptors, effectively blocking the receptor, preventing the human body from making use of opiates and endorphins.
History of Section.
P.L. 2016, ch. 1, § 1; P.L. 2016, ch. 2, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.9 - The Good Samaritan Overdose Prevention Act of 2016 › Section 21-28.9-3. - Authority to administer opioid antagonists — Release from liability.

§ 21-28.9-3. Authority to administer opioid antagonists — Release from liability.
(a)
A person may administer an opioid antagonist to another person if:
(1)
They, in good faith, believe the other person is experiencing a drug overdose; and
(2)
They act with reasonable care in administering the drug to the other person.
(b)
Any person, including law enforcement personnel and emergency medical personnel, who administers an opioid antagonist to another person pursuant to this section shall not be subject to civil liability or criminal prosecution as a result of the administration of the drug.
(c)(1)
State and municipal law enforcement personnel and emergency medical personnel to include, but not limited to, emergency medical technicians (EMTs), paramedics, and fire department personnel may provide and transfer an opioid antagonist to an individual or to his or her responsible family member, friend, or other person, along with instructions on administration and use of the opioid antagonist, to provide opioid overdose protection to the individual, in the good-faith judgment of the law enforcement or emergency medical personnel, who is at substantial risk of experiencing an opioid-related overdose event. Law enforcement and emergency medical personnel may exercise their good-faith judgment based on their experience, training, knowledge, observations, and information provided by the individual at substantial risk of experiencing an opioid-related overdose event or from the individual’s family, friend, or others with knowledge of the individual’s prior opioid use.
(2)
State and municipal law enforcement personnel and emergency medical personnel acting in good faith shall not, as a result of acts or omission in providing services in accordance with subsection (c), be liable for civil damages, unless the acts or omission constitute willful and wanton misconduct.
(d)
Law enforcement officers or agencies participating in the HOPE (Heroin-Opioid Prevention Effort) initiative or program and acting in good faith shall not, as the result of acts or omissions in providing services, be subject to civil liability or criminal prosecution unless the acts or omissions constitute willful and wanton misconduct.
History of Section.
P.L. 2016, ch. 1, § 1; P.L. 2016, ch. 2, § 1; P.L. 2018, ch. 184, § 1; P.L. 2018, ch. 288, § 1; P.L. 2019, ch. 194, § 1; P.L. 2019, ch. 250, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.9 - The Good Samaritan Overdose Prevention Act of 2016 › Section 21-28.9-3.1. - Narcotic testing product.

§ 21-28.9-3.1. Narcotic testing product.
(a)
Any person may provide, administer, or utilize a narcotic testing product to assist another person in determining whether a narcotic or substance contains chemicals, toxic substances, or hazardous compounds. Narcotic testing products shall include, but not be limited to, fentanyl test strips.
(b)
A person who provides, administers, or utilizes a narcotic testing product to assist another person shall not be subject to civil liability or criminal prosecution as a result of providing, administering, or utilizing the narcotic testing product to assist another person.
History of Section.
P.L. 2018, ch. 275, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.9 - The Good Samaritan Overdose Prevention Act of 2016 › Section 21-28.9-4. - Emergency overdose care — Immunity from legal repercussions.

§ 21-28.9-4. Emergency overdose care — Immunity from legal repercussions.
(a)
Any person who, in good faith, without malice and in the absence of evidence of an intent to defraud, seeks medical assistance for someone experiencing a drug or alcohol overdose or other drug- or alcohol-related medical emergency shall not be charged or prosecuted for any crime related to the possession of a controlled substance or drug paraphernalia, or the operation of a drug-involved premises, if the evidence for the charge was gained as a result of the seeking of medical assistance.
(b)
A person who experiences a drug or alcohol overdose or other drug- or alcohol-related medical emergency and is in need of medical assistance shall not be charged or prosecuted for any crime related to the possession of a controlled substance or drug paraphernalia, possession or transportation of alcohol by an underage person, or the operation of a drug-involved premises, if the evidence for the charge was gained as a result of the overdose and the need for medical assistance.
(c)
The act of providing first aid or other medical assistance to someone who is experiencing a drug or alcohol overdose or other drug- or alcohol-related medical emergency may be used as a mitigating factor in a criminal prosecution pursuant to the controlled substances act.
(d)
The immunity related to the possession of a controlled substance or drug paraphernalia, possession or transportation of alcohol by an underage person, or the operation of a drug-involved premises afforded under this section shall also extend to a violation of probation and/or parole on those grounds.
History of Section.
P.L. 2016, ch. 1, § 1; P.L. 2016, ch. 2, § 1; P.L. 2018, ch. 138, § 1; P.L. 2018, ch. 195, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.9 - The Good Samaritan Overdose Prevention Act of 2016 › Section 21-28.9-5. - Law enforcement reports.

§ 21-28.9-5. Law enforcement reports.
In the first week of January, 2017, and each year thereafter, the attorney general shall, in cooperation with local law enforcement agencies and the state police, submit to the general assembly a report summarizing the impact of this chapter on law enforcement. The report shall include any incidents in which a law enforcement agency was barred, due to the immunity provisions of § 21-28.9-4, from charging or prosecuting a person under chapters 28 and 28.5 of this title, and under § 3-8-9 or § 3-8-10, who would have otherwise been so charged or prosecuted, and indicating whether the person was charged with, or prosecuted for, any other criminal offense resulting from the agency’s response to the request for medical assistance.
History of Section.
P.L. 2016, ch. 1, § 1; P.L. 2016, ch. 2, § 1; P.L. 2018, ch. 138, § 1; P.L. 2018, ch. 195, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.10 - Opioid Stewardship Act › Section 21-28.10-1. - Definitions.

§ 21-28.10-1. Definitions.
Unless the context otherwise requires, the following terms shall be construed in this chapter to have the following meanings:
(1)
“Distribute” means distribute as defined in § 21-28-1.02.
(2)
“Distributor” means distributor as defined in § 21-28-1.02.
(3)
“Executive office” means the executive office of health and human services.
(4)
“Manufacture” means manufacture as defined in § 21-28-1.02.
(5)
“Manufacturer” means manufacturer as defined in § 21-28-1.02.
(6)
“Market share” means the total opioid stewardship fund amount measured as a percentage of each manufacturer’s, distributor’s and wholesaler’s gross, in-state opioid sales in dollars from the previous calendar year as reported to the U.S. Drug Enforcement Administration (DEA) on its Automation of Reports and Consolidated Orders System (ARCOS) report.
(7)
“Secretary” means the secretary of the executive office of health and human services.
(8)
“Wholesaler” means wholesaler as defined in § 21-28-1.02.
History of Section.
P.L. 2019, ch. 88, art. 13, § 17; P.L. 2022, ch. 231, art. 3, § 8, effective June 27, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.10 - Opioid Stewardship Act › Section 21-28.10-2. - Opioid registration fee imposed on manufacturers, distributors, and wholesalers.

§ 21-28.10-2. Opioid registration fee imposed on manufacturers, distributors, and wholesalers.
All manufacturers, distributors, and wholesalers licensed or registered under this title or chapter 19.1 of title 5 (hereinafter referred to as “licensees”), that manufacture or distribute opioids shall be required to pay an opioid registration fee. On an annual basis, the secretary shall certify the amount of all revenues collected from opioid registration fees and any penalties imposed, to the general treasurer. The amount of revenues so certified shall be deposited annually into the opioid stewardship fund restricted receipt account established pursuant to § 21-28.10-10.
History of Section.
P.L. 2019, ch. 88, art. 13, § 17; P.L. 2022, ch. 231, art. 3, § 8, effective June 27, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.10 - Opioid Stewardship Act › Section 21-28.10-3. - Determination of market share and registration fee.

§ 21-28.10-3. Determination of market share and registration fee.
(1)
The total opioid stewardship fund amount shall be five million dollars ($5,000,000) annually, subject to downward adjustments pursuant to § 21-28.10-7.
(2)
Each manufacturer’s, distributor’s, and wholesaler’s annual opioid registration fee shall be based on that licensee’s in-state market share.
(3)
The following sales will not be included when determining a manufacturer’s, distributor’s, or wholesaler’s market share:
(i)
The gross, in-state opioid sales attributed to the sale of buprenorphine or methadone;
(ii)
The gross, in-state opioid sales sold or distributed directly to opioid treatment programs, data-waivered practitioners, or hospice providers licensed pursuant to chapter 17 of title 23;
(iii)
Any sales from those opioids manufactured in Rhode Island, but whose final point of delivery or sale is outside of Rhode Island;
(iv)
Any sales of anesthesia or epidurals as defined in regulation by the department; and
(v)
Any in-state intracompany transfers of opioids between any division, affiliate, subsidiary, parent, or other entity under complete and common ownership and control.
(4)
The executive office shall provide to the licensee, in writing, on or before October 15 annually, the licensee’s market share for the previous calendar year. The executive office shall notify the licensee, in writing, on or before October 15 of each year, of its market share for the prior calendar year based on the opioids sold or distributed for the prior calendar year.
History of Section.
P.L. 2019, ch. 88, art. 13, § 17; P.L. 2022, ch. 231, art. 3, § 8, effective June 27, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.10 - Opioid Stewardship Act › Section 21-28.10-4. - Reports and records.

§ 21-28.10-4. Reports and records.
(a)
Each manufacturer, distributor, and wholesaler licensed to manufacture or distribute opioids in the state of Rhode Island shall provide to the secretary a report detailing all opioids sold or distributed by that manufacturer or distributor in the state of Rhode Island. Such report shall include:
(1)
The manufacturer’s, distributor’s, or wholesaler’s name, address, phone number, DEA registration number, and controlled substance license number issued by the department;
(2)
The name, address, and DEA registration number of the entity to whom the opioid was sold or distributed;
(3)
The date of the sale or distribution of the opioids;
(4)
The gross receipt total, in dollars, of all opioids sold or distributed;
(5)
The name and National Drug Code of the opioids sold or distributed;
(6)
The number of containers and the strength and metric quantity of controlled substance in each container of the opioids sold or distributed; and
(7)
Any other elements as deemed necessary or advisable by the secretary.
(b) Initial and future reports.
This information shall be reported annually to the executive office via ARCOS or in such other form as defined or approved by the secretary; provided, however, that the initial report provided pursuant to subsection (a) shall consist of all opioids sold or distributed in the state of Rhode Island for the 2018 calendar year, and shall be submitted by September 1, 2019. Subsequent annual reports shall be submitted by April 15 of each year based on the actual opioid sales and distributions of the prior calendar year.
History of Section.
P.L. 2019, ch. 88, art. 13, § 17; P.L. 2022, ch. 231, art. 3, § 8, effective June 27, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.10 - Opioid Stewardship Act › Section 21-28.10-5. - Payment of market share.

§ 21-28.10-5. Payment of market share.
The licensee shall make payments annually to the executive office with the first payment of its market share due on December 31, 2019; provided, that the amount due on December 31, 2019, shall be for the full amount of the payment for the 2018 calendar year, with subsequent payments to be due and owing on the last day of every year thereafter.
History of Section.
P.L. 2019, ch. 88, art. 13, § 17; P.L. 2022, ch. 231, art. 3, § 8, effective June 27, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.10 - Opioid Stewardship Act › Section 21-28.10-6. - Rebate of market share.

§ 21-28.10-6. Rebate of market share.
In any year for which the secretary determines that a licensee failed to report information required by this chapter, those licensees complying with this chapter shall receive a reduced assessment of their market share in the following year equal to the amount in excess of any overpayment in the prior payment period.
History of Section.
P.L. 2019, ch. 88, art. 13, § 17; P.L. 2022, ch. 231, art. 3, § 8, effective June 27, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.10 - Opioid Stewardship Act › Section 21-28.10-7. - Licensee opportunity to appeal.

§ 21-28.10-7. Licensee opportunity to appeal.
(a)
A licensee shall be afforded an opportunity to submit information to the secretary documenting or evidencing that the market share provided to the licensee (or amounts paid thereunder), pursuant to § 21-28.10-3(4), is in error or otherwise not warranted. The executive office may consider and examine such additional information that it determines to be reasonably related to resolving the calculation of a licensee’s market share, which may require the licensee to provide additional materials to the executive office. If the executive office determines thereafter that all or a portion of such market share, as determined by the secretary pursuant to § 21-28.10-3(4), is not warranted, the executive office may:
(1)
Adjust the market share;
(2)
Adjust the assessment of the market share in the following year equal to the amount in excess of any overpayment in the prior payment period; or
(3)
Refund amounts paid in error.
(b)
Any person aggrieved by a decision of the executive office relating to the calculation of market share may appeal that decision to the superior court, which shall have power to review such decision, and the process by which such decision was made, as prescribed in chapter 35 of title 42.
(c)
A licensee shall also have the ability to appeal its assessed opioid registration fee if the assessed fee amount exceeds the amount of profit the licensee obtains through sales in the state of products described in § 21-28.10-3. The executive office may, exercising discretion as it deems appropriate, waive or decrease fees as assessed pursuant to § 21-28.10-3 if a licensee can demonstrate that the correctly assessed payment will pose undue hardship to the licensee’s continued activities in state. The executive office shall be allowed to request, and the licensee shall furnish to the department, any information or supporting documentation validating the licensee’s request for waiver or reduction under this subsection. Fees waived under this section shall not be reapportioned to other licensees which have payments due under this chapter.
History of Section.
P.L. 2019, ch. 88, art. 13, § 17; P.L. 2022, ch. 231, art. 3, § 8, effective June 27, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.10 - Opioid Stewardship Act › Section 21-28.10-8. - Annual reporting.

§ 21-28.10-8. Annual reporting.
By January of each calendar year, the department of health, the department of behavioral healthcare, developmental disabilities and hospitals, the executive office, the department of children, youth and families, the Rhode Island department of education, the Rhode Island office of veterans services, the department of corrections, the department of labor and training, and any other department or agency receiving opioid stewardship funds shall report annually to the governor, the speaker of the house, and the senate president which programs in their respective departments were funded using monies from the opioid stewardship fund and the total amount of funds spent on each program.
History of Section.
P.L. 2019, ch. 88, art. 13, § 17; P.L. 2021, ch. 162, art. 2, § 2, effective July 6, 2021; P.L. 2022, ch. 231, art. 3, § 8, effective June 27, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.10 - Opioid Stewardship Act › Section 21-28.10-9. - Penalties.

§ 21-28.10-9. Penalties.
(a)
The executive office may assess a civil penalty in an amount not to exceed one thousand dollars ($1,000) per day against any licensee that fails to comply with this chapter.
(b)(1)
In addition to any other civil penalty provided by law, where a licensee has failed to pay its market share in accordance with § 21-28.10-5, the executive office may also assess a penalty of no less than ten percent (10%) and no greater than three hundred percent (300%) of the market share due from such licensee.
(2)
In addition to any other criminal penalty provided by law, where a licensee has failed to pay its market share in accordance with § 21-28.10-5, the executive office may also assess a penalty of no less than ten percent (10%) and no greater than fifty percent (50%) of the market share due from such licensee.
History of Section.
P.L. 2019, ch. 88, art. 13, § 17; P.L. 2022, ch. 231, art. 3, § 8, effective June 27, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.10 - Opioid Stewardship Act › Section 21-28.10-10. - Creation of opioid stewardship fund.

§ 21-28.10-10. Creation of opioid stewardship fund.
(a)
There is hereby established, in the custody of the executive office, a restricted-receipt account to be known as the “opioid stewardship fund.”
(b)
Monies in the opioid stewardship fund shall be kept separate and shall not be commingled with any other monies in the custody of the executive office.
(c)
The opioid stewardship fund shall consist of monies appropriated for the purpose of such account; monies transferred to such account pursuant to law; contributions consisting of promises or grants of any money or property of any kind or value, or any other thing of value, including grants or other financial assistance from any agency of government; and monies required by the provisions of this chapter or any other law to be paid into or credited to this account.
(d)
Monies of the opioid stewardship fund shall be available to provide opioid treatment, recovery, prevention, education services, and other related programs, subject to appropriation by the general assembly.
(e)
The budget officer is hereby authorized to create restricted receipt accounts entitled “opioid stewardship fund allocation” in any department or agency of state government wherein monies from the opioid stewardship fund are appropriated by the general assembly for the programmatic purposes set forth in subsection (d) of this section.
History of Section.
P.L. 2019, ch. 88, art. 13, § 17; P.L. 2021, ch. 162, art. 2, § 2, effective July 6, 2021; P.L. 2022, ch. 231, art. 3, § 8, effective June 27, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.10 - Opioid Stewardship Act › Section 21-28.10-11. - Allocation.

§ 21-28.10-11. Allocation.
The monies, when allocated, shall be paid out of the opioid stewardship fund and subject to the approval of the secretary and the approvals of the directors of the departments of health and behavioral healthcare, developmental disabilities and hospitals, pursuant to the provisions of this chapter.
History of Section.
P.L. 2019, ch. 88, art. 13, § 17; P.L. 2022, ch. 231, art. 3, § 8, effective June 27, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.10 - Opioid Stewardship Act › Section 21-28.10-12. - Severability.

§ 21-28.10-12. Severability.
If any clause, sentence, paragraph, subdivision, or section of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or section directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein.
History of Section.
P.L. 2019, ch. 88, art. 13, § 17.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.10 - Opioid Stewardship Act › Section 21-28.10-13. - Rules and regulations.

§ 21-28.10-13. Rules and regulations.
The secretary may prescribe rules and regulations, not inconsistent with law, to carry into effect the provisions of this chapter 28.10 of title 21, which rules and regulations, when reasonably designed to carry out the intent and purpose of this chapter, are prima facie evidence of its proper interpretation. Such rules and regulations may be amended, suspended, or revoked, from time to time and in whole or in part, by the secretary. The secretary may prescribe, and may furnish, any forms necessary or advisable for the administration of this chapter.
History of Section.
P.L. 2019, ch. 88, art. 13, § 17; P.L. 2022, ch. 231, art. 3, § 8, effective June 27, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.10 - Opioid Stewardship Act › Section 21-28.10-14. - Transfer of powers and duties.

§ 21-28.10-14. Transfer of powers and duties.
The employee responsible for performing fiscal functions associated with the management of the opioid stewardship fund within the department of health shall be transferred to the executive office.
History of Section.
P.L. 2022, ch. 231, art. 3, § 7, effective June 27, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.11 - The Rhode Island Cannabis Act › Section 21-28.11-1. - Short title.

§ 21-28.11-1. Short title.
This chapter shall be known and may be cited as “The Rhode Island Cannabis Act”.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective May 25, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.11 - The Rhode Island Cannabis Act › Section 21-28.11-2. - Organizational structure.

§ 21-28.11-2. Organizational structure.
(a)
The regulation, licensing, and enforcement requirements pertaining to regulated cannabis establishments shall be conducted pursuant to the provisions of this chapter by virtue of an independent three (3) member commission which shall exercise all powers necessary for the implementation, administration and enforcement of cannabis regulation and policy for both medical and adult use cannabis.
(b)
The commission shall work in conjunction with the cannabis advisory board which shall provide advice, recommendations and proposals to the commission relative to the equitable administration and regulation of cannabis, including the distribution of funds from the social equity assistance fund pursuant to the provisions of this chapter.
(c)
Additionally, pursuant to the provisions of this chapter following the final issuance of the commission’s rules and regulations, there shall be established the “cannabis office” which shall provide administrative and other support to the commission subject to this chapter and the rules and regulations promulgated by the commission pursuant hereto.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective May 25, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.11 - The Rhode Island Cannabis Act › Section 21-28.11-8. - Moratorium report.

§ 21-28.11-8. Moratorium report.
(a)
If the commission determines that the moratorium on issuing cultivator licenses is preventing an adequate supply of cannabis to fulfill the market demand pursuant to chapters 28.6 and 28.11 of this title, then the commission shall report the basis of the determination to the speaker of the house, the president of the senate and the governor.
(b)
No later than May 1, 2024, the commission shall conduct and deliver to the governor, the speaker of the house and the president of the senate, a study relating to the impact of the moratorium imposed pursuant to § 21-28.11-7 on the availability of cannabis for medical marijuana and adult use sales, and the projected need for the issuance of additional cultivator licenses to satisfy projected market needs.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective May 25, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.11 - The Rhode Island Cannabis Act › Section 21-28.11-10.3. - Geographic zones.

§ 21-28.11-10.3. Geographic zones.
For purposes of issuance of cannabis retail licenses by the commission pursuant to the provisions of this chapter, the following geographic zones are established:
(1)
Zone 1 shall consist of the towns of Burrillville, Cumberland, Glocester, North Smithfield, Smithfield and the city of Woonsocket.
(2)
Zone 2 shall consist of the towns of Johnston, Lincoln and North Providence and the cities of Central Falls and Providence.
(3)
Zone 3 shall consist of the towns of Coventry, Foster, Scituate, West Greenwich and West Warwick.
(4)
Zone 4 shall consist of the towns of East Greenwich and North Kingstown and the cities of Cranston and Warwick.
(5)
Zone 5 shall consist of the towns of Charlestown, Exeter, Hopkinton, Narragansett, Richmond, South Kingstown and Westerly.
(6)
Zone 6 shall consist of the towns of Barrington, Bristol, Jamestown, Little Compton, Middletown, New Shoreham, Portsmouth, Tiverton and Warren and the cities of East Providence, Newport and Pawtucket.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective May 25, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.11 - The Rhode Island Cannabis Act › Section 21-28.11-10.4. - Medical marijuana program parity.

§ 21-28.11-10.4. Medical marijuana program parity.
No later than April 1, 2024, the commission shall, in collaboration with the department of health and the office of management and budget, conduct and deliver to the governor, the speaker of the house of representatives, and the president of the senate a study relating to the impact of the implementation of adult use cannabis in Rhode Island on the existing medical marijuana program (MMP) established pursuant to chapter 28.6 of this title. This study shall examine and make recommendations relating to, without limitation, the following:
(1)
The extent to which the introduction of adult use cannabis has diminished or eliminated the availability of certain medical marijuana products or product types;
(2)
The extent to which patient cardholders in Rhode Island have experienced new or greater obstacles to obtaining medical marijuana, including on the basis of price, quantity, product type, or geographic location;
(3)
The extent to which the number of caregiver registrations and/or the number of plant tag certificates issued by the commission increases or decreases; and
(4)
The extent to which the introduction of the new adult use cannabis tax and license fee structure requires a realignment of the existing medical marijuana tax and license fee structure.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective May 25, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.11 - The Rhode Island Cannabis Act › Section 21-28.11-12. - Licenses for handlers and employees.

§ 21-28.11-12. Licenses for handlers and employees.
(a)
The commission by rule or regulation may promulgate rules and regulations to establish the registration or licensing of an individual who performs work for or on behalf of a person or entity licensed pursuant to the provisions of this chapter to include, but not be limited to, employees, independent contractors, transporters, security personnel, quality control or testing personnel, packagers and sales personnel. Individuals registered or licensed pursuant to this section shall be required to comply with all rules adopted by the commission and all applicable laws.
(b)
Fees for registration or licensing established by rules and regulations promulgated by the commission pursuant to the provisions of this section shall be set forth in the rules and regulations.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective May 25, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.11 - The Rhode Island Cannabis Act › Section 21-28.11-12.2. - Labor peace agreement — Requirements.

§ 21-28.11-12.2. Labor peace agreement — Requirements.
(a)
For the purposes of this section, the following terms shall have the following meanings:
(1)
“Bona fide labor organization” is a labor union that represents or is actively seeking to represent cannabis workers.
(2)
“Labor peace agreement” means an agreement between a licensee and a bona fide labor organization that, at a minimum, protects the state’s proprietary interests by prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the entity.
(b)
All retail licensees, including retail licensees pursuant to § 21-28.11-10.2, hybrid cannabis retailers pursuant to § 21-28.11-10, and compassion centers licensed pursuant to chapter 28.6 of this title shall enter into, maintain, and abide by the terms of a labor peace agreement, and shall submit to the commission an attestation by a bona fide labor organization stating that the applicant meets this section’s requirements.
(c)
Compassion centers authorized to purchase and deliver cannabis and cannabis products to registered qualifying patients and their registered primary caregivers or authorized purchasers, or other marijuana establishment licensees shall be required to meet the requirements established in this section before conducting retail adult sales of cannabis and cannabis products to consumers as a hybrid cannabis retailer pursuant to the provisions of this chapter.
(d)
Compliance with the requirements of this section are deemed to be an ongoing material condition of the license, and any violation may result in suspension, revocation and/or non-renewal of the license by the commission.
(e)
Nothing in this chapter shall be construed to limit the National Labor Relations Act, Labor Management Relations Act, the Railway Labor Act, or other conflicting federal law.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective May 25, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.11 - The Rhode Island Cannabis Act › Section 21-28.11-13. - Taxes.

§ 21-28.11-13. Taxes.
(a)
The following taxes are imposed on the retail sale of adult use cannabis pursuant to the provisions of this chapter.
(1)
Sales tax pursuant to the provisions of § 44-18-18;
(2)
A state cannabis excise tax equal to ten percent (10%) of each retail sale as defined in § 44-18-8; and
(3)
A local cannabis excise tax equal to three percent (3%) of each retail sale as defined in § 44-18-8.
(b)
The assessment, collection, and enforcement of the sales tax pursuant to § 44-18-18, the state cannabis excise tax, and the local cannabis excise tax shall be pursuant to the provisions of chapters 18 and 19 of title 44 and paid to the tax administrator by the retailer at the time and in the manner prescribed for sales tax in § 44-19-10. The retailer shall add the taxes imposed by this chapter to the sales price or charge, and when added, the taxes constitute a part of the price or charge, is a debt from the consumer or user to the state, and is recoverable at law in the same manner as other debts.
(c)
All sums received by the division of taxation under this section as local cannabis excise tax or associated amounts as penalties, forfeitures, interest, costs of suit, and fines for failure to timely report or pay the local cannabis excise tax shall be distributed at least quarterly and credited and paid by the state treasurer to the city or town where the cannabis is delivered.
(d)
There is created within the general fund a restricted receipt account known as the “marijuana trust fund.” Revenue collected from the state cannabis excise tax or associated amounts as penalties, forfeitures, interest, costs of suit, and fines for failure to timely report or pay the state cannabis excise tax shall be deposited into this account and used to fund programs and activities related to program administration; revenue collection and enforcement; substance use disorder prevention for adults and youth; education and public awareness campaigns, including awareness campaigns relating to driving under the influence of cannabis; treatment and recovery support services; public health monitoring, research, data collection, and surveillance; law enforcement training and technology improvements, including grants to local law enforcement; and such other related uses that may be deemed necessary.
(e)
Revenue collected from the sales tax shall be deposited into the general fund.
(f)
The budget officer is hereby authorized to create restricted receipt accounts entitled “marijuana trust fund allocation” in any department or agency of state government wherein monies from the marijuana trust fund are appropriated by the general assembly for the programmatic purposes set forth in subsection (d) of this section.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective May 25, 2022; P.L. 2022, ch. 231, art. 2, § 2, effective July 1, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.11 - The Rhode Island Cannabis Act › Section 21-28.11-14. - Municipal fees.

§ 21-28.11-14. Municipal fees.
No fee, tax, charge or expense shall be assessed or collected by or on behalf of a municipality from an individual licensed pursuant to the provisions of this chapter, except for any fee, tax, charge or expense generally assessed or collected from residents or businesses located in the municipality or as required by applicable law.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective May 25, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.11 - The Rhode Island Cannabis Act › Section 21-28.11-15. - Municipal authority.

§ 21-28.11-15. Municipal authority.
(a)
Other than a city or town that is a host community for an existing licensed medical cannabis treatment center, any city or town may, by resolution of the city or town council, cause to be printed on the ballot in an election held on or before November 8, 2022, the following question: “Shall new cannabis related licenses for businesses involved in the cultivation, manufacture, laboratory testing and for the retail sale of adult recreational use cannabis be issued in the city (or town)?”
(b)
Upon the adoption of a resolution by the city or town council pursuant to the provisions of subsection (a) of this section, the commission shall not issue any new cannabis related license pursuant to the provisions of this chapter unless and until the electors of the city or town vote to approve the issuance of new cannabis related licenses within the city or town. This provision shall not apply to the issuance of hybrid cannabis retailer licenses.
(c)
If a majority of ballots cast on which the electors indicated their choice is against granting the licenses, then no new license pursuant to this chapter shall be issued by the commission relating to the sale of recreational cannabis within the city or town. Provided, however, any existing marijuana cultivator or cannabis testing laboratory licensed pursuant to chapter 28.6 of this title shall be permitted to continue operating within the municipality pursuant to the conditions of licensure (including license renewals) without regard to a referendum conducted pursuant to this section.
(d)
Any city or town that by referendum declines to allow the issuance of new licenses relating to the sale of recreational marijuana will not be eligible to receive revenue pursuant to § 21-28.11-13.
(e)
A city or town that by referendum declines to allow the issuance of new cannabis related licenses pursuant to the provisions of this chapter may subsequently resubmit the question required by this section to the electors of the city or town, but only upon the passage of a joint resolution of approval by the general assembly.
(f)
For the purpose of this section, “cannabis related licenses” includes licenses for cultivation, manufacture, laboratory testing and/or retail sale.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective May 25, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.11 - The Rhode Island Cannabis Act › Section 21-28.11-16. - Local control.

§ 21-28.11-16. Local control.
(a)
A city or town may adopt ordinances and by-laws that impose reasonable safeguards on the operation of cannabis establishments, provided they are not unreasonable and impracticable and are not in conflict with this chapter or with regulations made pursuant to this chapter and that:
(1)
Govern the time, place and manner of cannabis establishment operations and of any business dealing in cannabis accessories, except that zoning ordinances or by-laws shall not operate to:
(i)
Prevent the conversion of a medical marijuana compassion center licensed or registered engaged in the manufacture or sale of cannabis or cannabis products to an adult use retail cannabis establishment engaged in the same type of activity under this chapter; or
(ii)
Limit the number of cannabis establishments below the limits established pursuant to this chapter;
(2)
Restrict the licensed cultivation, processing and manufacturing of cannabis that is a public nuisance;
(3)
Establish reasonable restrictions on public signs related to cannabis establishments; provided, however, that if a city or town enacts an ordinance or by-law more restrictive than the commission’s standard, then the local ordinance or by-law shall not impose a standard for signage more restrictive than those applicable to retail establishments that sell alcoholic beverages within that city or town; and
(4)
Establish a civil penalty for violation of an ordinance or by-law enacted pursuant to this subsection, similar to a penalty imposed for violation of an ordinance or by-law relating to alcoholic beverages.
(b)
A city or town may adopt ordinances that ban or impose restrictions on the smoking or vaporizing of cannabis in public places, including outdoor common areas, parks, beaches, athletic and recreational facilities and other public spaces.
(c)
No city or town shall prohibit the transportation of cannabis or cannabis products or adopt an ordinance or by-law that makes the transportation of cannabis or cannabis products unreasonable and impracticable.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective May 25, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.11 - The Rhode Island Cannabis Act › Section 21-28.11-17. - No right to license.

§ 21-28.11-17. No right to license.
(a)
Nothing contained in this chapter shall be construed as establishing a right in any person or entity to be issued a license or certificate pursuant to this chapter.
(b)
The commission shall exercise discretion to issue licenses and certificates to further the purposes of this chapter and may deny any application, suspend an application period, impose moratoriums on applications and/or issuance of licenses to further the purpose of public safety, the orderly administration of cannabis production, distribution and sale and to promote the purposes of this chapter.
(c)
No appeal for a denial of a license shall be sustained solely on the grounds that the person or entity satisfied the qualifications for issuance of a license.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective May 25, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.11 - The Rhode Island Cannabis Act › Section 21-28.11-19. - Multiple licenses restricted.

§ 21-28.11-19. Multiple licenses restricted.
(a)
No person or entity licensed pursuant to the provisions of this chapter or chapter 28.6 of this title, except as provided in subsection (c) of this section, shall be granted more than one license.
(b)
No licensee shall own, control, manage or operate any other entity licensed pursuant to the provisions of this chapter.
(c)
Nothing in this chapter or chapter 28.6 of this title shall be construed to prohibit a compassion center licensed pursuant to the provisions of chapter 28.6 of this title from acquiring additional licensing issued to conduct retail sales as a hybrid cannabis retailer pursuant to the provisions of this chapter.
(d)
Nothing in this chapter shall be construed to prohibit one person from investing in multiple licensed entities under this chapter; provided no one person or entity shall be a majority owner in more than one licensed entity.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective May 25, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.11 - The Rhode Island Cannabis Act › Section 21-28.11-20. - Inspections, audits and investigations.

§ 21-28.11-20. Inspections, audits and investigations.
(a)
As a condition of licensure, cannabis establishments are subject to inspection by the commission or personnel designated by the commission. Inspections shall occur periodically, at reasonable times and shall be limited in scope to determine compliance with the provisions of this chapter and chapter 28.6 of this title and the rules and regulations promulgated by the commission. During inspections the commission or designated personnel may examine and inspect any premises, books, records, papers, stocks of cannabis or cannabis products.
(b)
The commission may request and authorize administrative inspections to be conducted by the department of health or the state police. For purposes of this section, “administrative inspection” shall mean any inspection, independent of a criminal investigation, that is conducted for the purpose of determining compliance with applicable state law and rules and regulations of the commission.
(c)
The tax administrator shall have authority to conduct inspections of all matters necessary to determine compliance with the provisions of this chapter and the provisions of title 44 (“taxation”).
(d)
Any licensee who wrongfully fails to cooperate with an inspection authorized pursuant to the provisions of this section shall be guilty of a misdemeanor punishable by imprisonment of up to one year, or a fine of not more than five thousand dollars ($5,000) per violation per day, or both, and revocation of a license.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective May 25, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.11 - The Rhode Island Cannabis Act › Section 21-28.11-21. - Expiration and renewal.

§ 21-28.11-21. Expiration and renewal.
(a)
Except pursuant to § 21-28.11-10(e), all licenses under this chapter shall be effective for one year from the date of issuance.
(b)
Subject to rules and regulations, the commission shall issue a renewal license within thirty (30) days of receipt of a renewal application and renewal license fee from licensees in good standing as determined by the commission and who have filed all required tax returns and paid all required taxes.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective May 25, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.11 - The Rhode Island Cannabis Act › Section 21-28.11-23. - Cannabis accessories authorized.

§ 21-28.11-23. Cannabis accessories authorized.
Notwithstanding any general or special law to the contrary, except as otherwise provided in this chapter, a person twenty-one (21) years of age or older shall not be arrested, prosecuted, penalized, sanctioned or disqualified and shall not be subject to seizure or forfeiture of assets for possessing, purchasing or otherwise obtaining or manufacturing cannabis accessories or for selling or otherwise transferring cannabis accessories to a person who is twenty-one (21) years of age or older.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective May 25, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.11 - The Rhode Island Cannabis Act › Section 21-28.11-25. - Contracts pertaining to cannabis enforceable.

§ 21-28.11-25. Contracts pertaining to cannabis enforceable.
It is the public policy of the state that contracts related to the operation of cannabis establishments under this chapter shall be enforceable. A contract entered into by a licensee or its agents as permitted pursuant to a valid license issued by the commission, or by those who allow property to be used by a licensee or its agents as permitted pursuant to a valid license issued by the commission, shall not be unenforceable or void exclusively because the actions or conduct permitted pursuant to the license is prohibited by federal law.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective May 25, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.11 - The Rhode Island Cannabis Act › Section 21-28.11-26. - Provision of professional services.

§ 21-28.11-26. Provision of professional services.
A person engaged in a profession or occupation subject to licensure shall not be subject to disciplinary action by a professional licensing board solely for providing professional services to prospective or licensed cannabis establishments related to activity under this chapter that is not subject to criminal penalty under the laws of the state.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective May 25, 2022.