2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.11 - The Rhode Island Cannabis Act › Section 21-28.11-18. - Enforcement.

§ 21-28.11-18. Enforcement.
(a)(1)
Notwithstanding any other provision of this chapter, if the commission has cause to believe that a violation of any provision of chapters 21-28.6 or 21-28.11 or any regulations promulgated thereunder has occurred by a licensee that is under the commission’s jurisdiction pursuant to chapters 21-28.6 or 21-28.11, or that any person or entity is conducting any activities requiring licensure or registration by the commission under chapters 21-28.6 or 28.11 or the regulations promulgated thereunder without such licensure or registration, the commission may, in accordance with the requirements of the administrative procedures act, chapter 35 of title 42:
(i)
With the exception of patients and authorized purchasers, revoke or suspend a license or registration;
(ii)
Levy an administrative penalty in an amount established pursuant to law or regulations promulgated by the cannabis control commission;
(iii)
Order the violator to cease and desist such actions;
(iv)
Require a licensee or registrant or person or entity conducting any activities requiring licensure or registration under chapters 21-28.6 or 21-28.11 to take such actions as are necessary to comply with such chapter and the regulations promulgated thereunder; or
(v)
Any combination of the penalties authorized by this section.
(2)
If the commission finds that emergency action imperative to public health, safety, or welfare is required, and incorporates a finding to that effect in its order, summary suspension of license or registration and/or cease and desist may be ordered pending proceedings for revocation or other action. Any such proceedings shall be promptly instituted and determined pursuant to the provisions of § 21-28.11-5(a)(32).
(b)
If a person exceeds the possession limits in violation of law or is in violation of any other section of chapters 21-28.6 or 21-28.11 or the regulations promulgated thereunder, he or she may also be subject to arrest and prosecution under chapter 28 of this title.
(c)
All cannabis establishment licensees are subject to inspection by the cannabis control commission, including, but not limited to, the licensed premises, all cannabis and cannabis products located on the licensed premises, personnel files, training materials, security footage, all business records and business documents including, but not limited to, purchase orders, transactions, sales, and any other financial records or financial statements whether located on the licensed premises or not.
(d)
All cannabis products that are held within the borders of this state in violation of the provisions of chapters 28.6 or 28.11 of this title or the regulations promulgated thereunder are declared to be contraband goods and may be seized by the commission, the tax administrator or his or her agents, or employees, or by any sheriff, or his or her deputy, or any police or other law enforcement officer in accordance with applicable law when requested by the tax administrator or cannabis control commission to do so, without a warrant. All contraband goods seized by the state under this chapter may be destroyed or saved as evidence for the purposes of criminal prosecution.
(e)
Notwithstanding any other provision of law, the commission may make available to law enforcement and public safety personnel, any information that it may consider proper including information contained in licensing records, inspection reports and other reports and records maintained by the commission, as necessary or appropriate for purposes of ensuring compliance with state laws and regulations. Nothing in this act shall be construed to prohibit law enforcement, public safety, fire, or building officials from investigating violations of or enforcing state law.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective May 25, 2022.