§ 21-28.11-4. Cannabis control commission.
(a) Establishment of commission. There is hereby established an independent commission known as the Rhode Island Cannabis
Control Commission (commission). The purpose of the commission is to oversee the regulation,
licensing and control of adult use and medical cannabis and upon transfer of powers
pursuant to the provisions of § 21-28.11-10.1, to exercise primary responsibility to oversee the regulation, licensing and control
of all cannabis and marijuana use to include medical marijuana.
(b) Appointment of commissioners. The Rhode Island Cannabis Control Commission shall consist of three (3) voting commissioners
as follows:
(1) The governor shall appoint, with the advice and consent of the senate, the three (3)
voting members of the commission. The speaker of the house shall, within thirty (30)
days of the effective date of this chapter, submit to the governor a list of three
(3) individuals that the governor shall give due consideration in appointing one individual
from this list. The governor shall appoint the other two (2) commissioners without
regard to the list submitted by the speaker of the house. The governor shall designate
one of the members to serve as chairperson of the commission. Within forty (40) days
of the effective date of this chapter, the governor shall submit to the senate for
advice and consent the list of three (3) individuals for appointment to the commission
along with the governor's designation of chairperson.
(2) Prior to appointment to the commission, a background investigation shall be conducted
into the financial stability, integrity and responsibility of each appointee, including
the appointee's reputation for good character, and honesty. No commissioner or commissioner's
spouse, or child shall have any interest whatsoever in any entity regulated by the
commission.
(c) Commissioner requirements. Each commissioner shall be a resident of the state within ninety (90) days of appointment,
and while serving on the commission, shall not:
(1) Hold, or be a candidate for, federal, state or local elected office;
(2) Hold an appointed office or other employment in a federal, state or local government;
or
(3) Serve as an official in a political party.
(d) Term Limits. Term limits on the initial commissioners shall be as follows: The appointee chosen
after consideration of the list provided to the governor by the speaker of the house
shall serve an initial term of three (3) years and shall be eligible for reappointment
in accordance with this section. Of the appointees chosen by the governor without
regard to the list submitted by the speaker of the house, one shall serve an initial
term of two (2) years, and one shall serve an initial term of one year and both shall
be eligible for reappointment in accordance with this section.
(1) Each initial commissioner is eligible for reappointment for one six (6) year term
or until a successor is appointed. Each subsequent commissioner shall serve for a
term of six (6) years or until a successor is appointed. Every person appointed or
reappointed to fill a vacancy on the cannabis control commission shall be appointed
in the manner established pursuant to this section.
(2) If a vacancy is created prior to the expiration of any commissioner's term, said vacancy
shall be filled in the manner established pursuant to this section. Any person appointed
to fill said vacancy shall complete the commissioner's unexpired term and shall then
be eligible for reappointment for one additional term pursuant to this section.
(e) Compensation. The chairperson of the commission shall devote their full time attention to the duties
of the commission. Upon confirmation, the chairperson shall become a state employee
and shall receive a salary as determined by the governor subject to appropriation
by the general assembly. The remaining commissioners shall not be state employees
but shall receive a monthly stipend as determined by the governor, subject to appropriation
by the general assembly, and shall devote sufficient time and attention to the commission
to adequately perform their duties.
(f) Records. The commission shall keep a record of the proceedings of the commission and the chair
shall be the custodian and keeper of the records of all books, documents and papers
filed by the commission and of its minute book. The chair shall cause copies to be
made of all minutes and other records and documents of the commission and shall certify
that such copies are true copies and all persons dealing with the commission may rely
upon such certification. These records shall also be subject to the provisions of
title 38, "public records.� The chair shall have and exercise supervision and control
over all the affairs of the commission. The chair shall preside at all hearings at
which the chair is present and shall designate a commissioner to act as chair in the
chair's absence. To promote efficiency in administration, the chair shall make such
division or re-division of the work of the commission among the commissioners, as
the chair deems expedient.
(g) Conduct of hearings. The commissioners shall, if so directed by the chair, participate in the hearing
and decision of any matter before the commission.
(1) For purposes of this section, "formal matter�, as so designated by the chair, shall
include all non-procedural matters to include, but not limited to, hearings subject
to the provisions of chapter 35 of title 42 (the "administrative procedures act�) and all decisions relative to the awarding
of a license or to the denial or revocation of licenses. A majority of the commissioners
is required to approve all formal matters.
(2) For purposes of this section, "procedural matters�, as so designated by the chair,
include scheduling, inclusion of agenda items, administrative compliance decisions,
ministerial matters, routine clerical functions, and any other act delegated by the
commission to be performed by an employee of the commission or the cannabis office.
Any procedural or administrative matter may be heard, examined and investigated by
a single commissioner or an employee of the commission or the cannabis office as designated
and assigned by the chair, with the concurrence of one other commissioner. If designated
by the commission or the cannabis office, the designated employee shall make a report
in writing relative to the hearing, examination and investigation of every procedural
or administrative matter. For the purposes of hearing, examining and investigating
any procedural or administrative matter, the designated employee shall have all of
the powers conferred upon a commissioner by this section. Any procedural or administrative
decision made by a single commissioner or designated employee may be appealed within
ten (10) days of issuance of the decision for a hearing before the full commission.
(3) The commission may designate a hearing officer to conduct hearings and make recommendations
of decision to the commission in contested cases consistent with chapter 35 of title 42.
(h) Ethics. The provisions of chapter 14 of title 36, the state code of ethics, shall apply to the commissioners and to employees operating
under the jurisdiction of the commission to include, but not limited to, personnel
of the cannabis office; provided, however, that the commission may promulgate an internal
code of ethics for all members and employees that may be more restrictive than the
provisions of chapter 14 of title 36. A copy of any internal code of ethics adopted or as amended shall be filed with
the state ethics commission. The internal code may include provisions reasonably necessary
to carry out the purposes of this chapter.
(i) Public body. The cannabis control commission shall be a public body for the purposes of chapter 46 of title 42 (the "open meetings act�).
(j) Finance. The commission shall, for the purposes of compliance with state finance law, and
subject to appropriation by the general assembly, operate as an independent state
agency and shall be subject to the laws applicable to agencies under the control of
the governor; provided, however, that the chairperson may identify any additional
instructions or actions necessary for the department of administration to manage fiscal
operations in the state accounting system and meet statewide and other governmental
accounting and audit standards. The commission shall properly classify the commission's
operating and capital expenditures, and shall not include any salaries of employees
in the commission's capital expenditures. Unless otherwise exempted by law, the commission
shall participate in any other available state administrative services including,
but not limited to, the state payroll system, the state retirement system, and state
purchases.
(k) Prohibition on discrimination. The commission and all personnel and employees operating under the jurisdiction of
the commission to include, but not limited to, personnel of the cannabis office, shall
not unlawfully discriminate by considering race, color, religion, sex, sexual orientation,
gender identity or expression, age, national origin, or disability in granting, denying,
or revoking a license, nor shall any person, corporation, or business firm which is
licensed pursuant to the provisions of this chapter unlawfully discriminate against
or segregate any person based on these grounds. All businesses licensed by the commission
shall operate on a nondiscriminatory basis, according to equal employment treatment
and access to their services to all persons, unless otherwise exempted by the laws
of the state. Any licensee who fails to comply with this policy is subject to any
disciplinary action that is consistent with the legal authority and rules and regulations
of the commission. The commission shall cooperate with the state equal opportunity
office to prevent any person, corporation, or business firm from unlawfully discriminating
because of race, color, religion, sex, sexual orientation, gender identity or expression,
age, national origin, or disability or from participating in any practice which may
have a disparate effect on any protected class within the population. The state equal
opportunity office shall monitor the equal employment opportunity activities and affirmative
action plans of the commission.