2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.11 - The Rhode Island Cannabis Act › Section 21-28.11-17.1. - General conditions for licenses.

§ 21-28.11-17.1. General conditions for licenses.
(a)
Upon receipt of a complete cannabis establishment license application and the application fee, the commission shall forward a copy of the application to the city or town in which the cannabis establishment is to be located, determine whether the applicant and the premises qualify for the license and has complied with this chapter and shall, within ninety (90) days:
(1)
Acknowledge that the application is satisfactory and complete; or
(2)
Send to the applicant a notice of rejection setting forth specific reasons why the license application is incomplete, rejected, unsatisfactory or fails to comply with the application requirements.
(b)
The commission may, subject to the rules and regulations promulgated by the commission and in the exercise of the commission’s discretion pursuant to § 21-28.11-17, approve a cannabis establishment license application and issue a license if:
(1)
The prospective cannabis establishment has submitted an application in compliance with regulations made by the commission, the applicant satisfies the requirements established by the commission, the applicant is in compliance with this chapter and the regulations made by the commission and the applicant has paid any required fee;
(2)
No notification of non-compliance from the city or town has been received by the commission within forty-five (45) days;
(3)
The property where the proposed cannabis establishment is to be located, at the time the license application is received by the commission, is not located within five hundred feet (500′) of a pre-existing public or private school providing education in kindergarten or any of grades one through twelve (12), unless a city or town adopts an ordinance or by-law that reduces the distance requirement;
(4)
The applicant, and any agents or employees of the applicant as required by the commission pursuant to its rules and regulations, have undergone a criminal background check pursuant to § 21-28.11-12.1 and on terms established by the commission;
(5)
As a condition of licensing, cannabis establishments shall consent and be subject to inspection by the commission for the purposes of ensuring and enforcing compliance with this chapter and all rules and regulations promulgated pursuant to this chapter, to include, but not be limited to, the provisions of chapter 5 of title 28 (the “fair employment practices act”), chapter 28 of this title (the “the uniform controlled substances act”) and title 44 (“taxation”); and
(6)
Every individual who will be a controlling person of the proposed cannabis establishment has not been convicted of a felony or convicted of an offense in another state that would be a felony in this state and which would substantially relate to the occupation for which the applicant has applied for licensure, or the prior conviction is solely for a marijuana possession offense subject to expungement, or the individual is determined to be not disqualified pursuant to § 21-28.11-12.1.
(c)
In addition to requirements established in regulation, by the commission, or by ordinance of a city or town pursuant to this chapter, a cannabis establishment shall:
(1)
Secure every entrance to the establishment in order that access to areas containing cannabis is restricted to employees and others permitted by the cannabis establishment to access the area and to agents of the commission or state and local law enforcement officers and emergency personnel; and
(2)
Secure its inventory and equipment during and after operating hours to deter and prevent theft of cannabis, cannabis products and cannabis accessories.
(d)
No cannabis establishment may cultivate, process, test, store or manufacture cannabis or cannabis products at any location other than at a physical address which has been approved by the commission and within an area that is enclosed and secured in a manner that prevents access by persons not permitted by the cannabis establishment to access the area.
(e)
No cannabis establishment shall allow cultivation, processing, manufacture, sale or display of cannabis or cannabis products to be visible from a public place without the use of binoculars, aircraft or other optical aids, as determined by the commission.
(f)
No cannabis establishment shall refuse representatives of the commission the right at any time of operation to inspect the entire licensed premises or to audit the books and records of the cannabis establishment for the purposes of ensuring and enforcing compliance with this chapter and all rules and regulations promulgated by the commission pursuant to this chapter.
(g)
No cannabis establishment shall allow any person under twenty-one (21) years of age to volunteer or work for the cannabis establishment.
(h)
No cannabis establishment shall cultivate, manufacture, sell or otherwise transact business involving any products containing cannabinoids other than those that were produced, distributed and taxed in compliance with this chapter.
(i)
All cannabis establishments shall be subject to any regulations promulgated by the commission that specify the manner by which cannabis shall be tested, including but not limited to, potency, cannabinoid profile, and contaminants.
(j)
All cannabis establishments shall be subject to any product labeling requirements promulgated by the commission.
(k)
License required.
No person or entity shall operate a cannabis establishment without an appropriate license(s) and/or registration(s) issued by the commission.
(
l
)
Each licensee shall file an emergency response plan with the fire department and police department of the host community pursuant to rules and regulations promulgated by the commission pursuant to this chapter.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective May 25, 2022.