§ 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.