Jersey'sFinest
Active Member
I. RI Attorney General Files Bill That Would, If Enacted, Change MMj Program
There are two identical bills, 5823 in the House and 558 in the Senate that were filed on behalf of RI Attorney General Kilmartin. They would, if enacted, reduce plant limits by 50 percent, double the amount of permissible dried usable cannabis, require a cultivation certificate for patients and caregivers who grow cannabis, require local inspections and more. Hearings on the bills have not yet been scheduled. Summary is below:
PLANT LIMITS: HB 5823 would reduce the number of permissible plants by half as follows: Patients may now have 12 mature plants and 12 seedlings. The AG proposes changing limit to 6 mature plants and 6 seedlings.
Caregivers with one patient may now have 12 mature and 12 seedlings. The AG proposes changing this limit to 6 mature and 6 seedlings. Caregivers with 2-5 patients may now have 24 mature and 12 seedlings. The AG proposes changing limit to 12 mature and 6 seedlings
POSSESSION LIMITS: HB 5823 would double the amounts of dried usable medicine as follows: One patient may now possess 2.5 oz. of dried usable medicine. AG proposes increasing that limit to 5 oz.
Caregivers with one patient may now possess 2.5 oz. of dried usable. AG proposes increasing that limit to 5 oz. Caregivers with 2-5 patients may now possess 5 oz. of dried usable. AG proposes increasing that amount to 10 oz.
CULTIVATION LICENSE WOULD BE REQUIRED: Patients and caregivers can currently grow MMj plants as long as they are in possession of their MMj licenses. The AG proposes that all patients and caregivers who grow be required to have a cultivation license. Cultivation licenses would:
· Require annual fee and application fee would be determined by Health Department (DoH). DoH would retain funds for costs of administering MMj program
· Cultivation certificate to be revoked if there is any violation of the MMj statute
· Only one certificate will be issued per residence unless proof that more than one patient or caregiver resides at that location (proof is not defined or specified)
· May grow in only ONE location
· Grow location must be in applicants residence or property owned by applicant Growing without a certificate could result in arrest and prosecution
· Cultivation certificate to be revoked if there is any violation of the MMj statute
· Requirement for cultivation certificates would take effect immediately if bill were
· Application for cultivation license would require:
· Description of grow location - Growing permissible only at residence or other property owned by applicant patient or caregiver
· Written plan ensuring grow not visible to street or to the public
· Proof of security devises (does not specify any standards or requirements)
· Proof that grow location complies with local and state
zoning codes. (This means inspections by local building inspectors)
OTHER PROPOSED CHANGES FOR CAREGIVERS
Caregivers would be required to have national background check (cost of 35 dollars) in place of current BCI requirement (cost of 5 dollars). Any felony drug conviction will be a disqualification. The DoH would have the discretion to permit someone who is an immediate family member of a patient to be that patients caregiver. It is not clear whether they would be eligible for cultivation certificate.
Caregivers would not be able to use the affirmative defense. This means that anyone who possesses or grows MMj for a patient prior to receiving their caregiver license could be prosecuted and would not have the opportunity to have the case dismissed because they were possessing or growing within limits for patient who later received license and appointed them to be their caregiver.
24 HOUR VERIFICATION SERVICE: Would require DoH to maintain a twenty-four (24) hour automated verification system for law enforcement personnel to verify the validity of a cardholder by confirming a random registry number, name or address.
Currently, the DoH can only verify cards (licenses) during regular business hours. Caregivers and patients have been detained, in a few cases, overnight waiting for verification. Patients and caregivers who have misplaced their licenses have been detained until they produce actual license. The AGs bill would allow law enforcement to confirm, in addition to the MMj number (which they can do now), cardholders names and addresses.
LANDLORDS COULD PROHIBIT GROWING: Landlords could say no and refuse to rent to patient or caregiver who wants to grow and/or could refuse to continue leasing to patient or caregiver who is growing.
RIPAC ADAMANTLY OPPOSES THESE BILLS except for the provision that creates a 24 hour verification service and the provision that would increase the possession limits for dried usable medicine. The Slater Center and Greenleaf Compassion Center will join us in our opposition. We will let you know when the hearings are scheduled.
To read the actual text of the bill: http://webserver.rilin.state.ri.us/BillText/BillText13/SenateText13/S0558.pdf or http://webserver.rilin.state.ri.us/BillText/BillText13/HouseText13/H5823.pdf This info was provided to me by RIPAC. Thanks to Joanne as always for the heads' up. I certainly hope the changes don't pass and subsequently go into effect.
There are two identical bills, 5823 in the House and 558 in the Senate that were filed on behalf of RI Attorney General Kilmartin. They would, if enacted, reduce plant limits by 50 percent, double the amount of permissible dried usable cannabis, require a cultivation certificate for patients and caregivers who grow cannabis, require local inspections and more. Hearings on the bills have not yet been scheduled. Summary is below:
PLANT LIMITS: HB 5823 would reduce the number of permissible plants by half as follows: Patients may now have 12 mature plants and 12 seedlings. The AG proposes changing limit to 6 mature plants and 6 seedlings.
Caregivers with one patient may now have 12 mature and 12 seedlings. The AG proposes changing this limit to 6 mature and 6 seedlings. Caregivers with 2-5 patients may now have 24 mature and 12 seedlings. The AG proposes changing limit to 12 mature and 6 seedlings
POSSESSION LIMITS: HB 5823 would double the amounts of dried usable medicine as follows: One patient may now possess 2.5 oz. of dried usable medicine. AG proposes increasing that limit to 5 oz.
Caregivers with one patient may now possess 2.5 oz. of dried usable. AG proposes increasing that limit to 5 oz. Caregivers with 2-5 patients may now possess 5 oz. of dried usable. AG proposes increasing that amount to 10 oz.
CULTIVATION LICENSE WOULD BE REQUIRED: Patients and caregivers can currently grow MMj plants as long as they are in possession of their MMj licenses. The AG proposes that all patients and caregivers who grow be required to have a cultivation license. Cultivation licenses would:
· Require annual fee and application fee would be determined by Health Department (DoH). DoH would retain funds for costs of administering MMj program
· Cultivation certificate to be revoked if there is any violation of the MMj statute
· Only one certificate will be issued per residence unless proof that more than one patient or caregiver resides at that location (proof is not defined or specified)
· May grow in only ONE location
· Grow location must be in applicants residence or property owned by applicant Growing without a certificate could result in arrest and prosecution
· Cultivation certificate to be revoked if there is any violation of the MMj statute
· Requirement for cultivation certificates would take effect immediately if bill were
· Application for cultivation license would require:
· Description of grow location - Growing permissible only at residence or other property owned by applicant patient or caregiver
· Written plan ensuring grow not visible to street or to the public
· Proof of security devises (does not specify any standards or requirements)
· Proof that grow location complies with local and state
zoning codes. (This means inspections by local building inspectors)
OTHER PROPOSED CHANGES FOR CAREGIVERS
Caregivers would be required to have national background check (cost of 35 dollars) in place of current BCI requirement (cost of 5 dollars). Any felony drug conviction will be a disqualification. The DoH would have the discretion to permit someone who is an immediate family member of a patient to be that patients caregiver. It is not clear whether they would be eligible for cultivation certificate.
Caregivers would not be able to use the affirmative defense. This means that anyone who possesses or grows MMj for a patient prior to receiving their caregiver license could be prosecuted and would not have the opportunity to have the case dismissed because they were possessing or growing within limits for patient who later received license and appointed them to be their caregiver.
24 HOUR VERIFICATION SERVICE: Would require DoH to maintain a twenty-four (24) hour automated verification system for law enforcement personnel to verify the validity of a cardholder by confirming a random registry number, name or address.
Currently, the DoH can only verify cards (licenses) during regular business hours. Caregivers and patients have been detained, in a few cases, overnight waiting for verification. Patients and caregivers who have misplaced their licenses have been detained until they produce actual license. The AGs bill would allow law enforcement to confirm, in addition to the MMj number (which they can do now), cardholders names and addresses.
LANDLORDS COULD PROHIBIT GROWING: Landlords could say no and refuse to rent to patient or caregiver who wants to grow and/or could refuse to continue leasing to patient or caregiver who is growing.
RIPAC ADAMANTLY OPPOSES THESE BILLS except for the provision that creates a 24 hour verification service and the provision that would increase the possession limits for dried usable medicine. The Slater Center and Greenleaf Compassion Center will join us in our opposition. We will let you know when the hearings are scheduled.
To read the actual text of the bill: http://webserver.rilin.state.ri.us/BillText/BillText13/SenateText13/S0558.pdf or http://webserver.rilin.state.ri.us/BillText/BillText13/HouseText13/H5823.pdf This info was provided to me by RIPAC. Thanks to Joanne as always for the heads' up. I certainly hope the changes don't pass and subsequently go into effect.
