§ 21-28.6-14. Cooperative cultivations.
(a) Two (2) or more qualifying cardholders may cooperatively cultivate marijuana in residential
or nonresidential locations subject to the following restrictions:
(1) Effective January 1, 2017, cooperative cultivations shall apply to the department
of business regulation for a license to operate;
(2) A registered patient or primary caregiver cardholder can only cultivate in one location,
including participation in a cooperative cultivation;
(3) No single location may have more than one cooperative cultivation. For the purposes
of this section, location means one structural building, not units within a structural
building;
(4) The cooperative cultivation shall not be visible from the street or other public areas;
(5) A written acknowledgement of the limitations of the right to use and possess marijuana
for medical purposes in Rhode Island that is signed by each cardholder and is displayed
prominently in the premises cooperative cultivation;
(6) Cooperative cultivations are restricted to the following possession limits:
(i) A nonresidential cooperative cultivation may have no more than ten ounces (10 oz.)
of dried marijuana, or its equivalent which satisfies the requirements of this chapter,
and an amount of wet marijuana set in regulations promulgated by the departments of
health and business regulation, forty-eight (48) mature marijuana plants, and forty-eight
(48) seedlings;
(ii) A residential cooperative cultivation may have no more than ten ounces (10 oz.) of
dried marijuana, or its equivalent which satisfies the requirements of this chapter,
and an amount of wet marijuana set in regulations promulgated by the departments of
health and business regulation, twenty-four (24) mature marijuana plants, and twenty-four
(24) seedlings;
(iii) A nonresidential or residential cooperative cultivation must have displayed prominently
on the premises its license issued by the department of business regulation;
(iv) Every marijuana plant possessed by a cooperative cultivation must be accompanied by
a valid medical marijuana tag issued by the department of business regulation pursuant
to § 21-28.6-15. Each cooperative cultivation must purchase at least one medical marijuana tag in
order to remain a licensed cooperative cultivation; and
(v) Cooperative cultivations are subject to reasonable inspection by the department of
business regulation for the purposes of enforcing regulations promulgated pursuant
to this chapter and all applicable Rhode Island general laws.
(7) Cooperative cultivations must be inspected as follows:
(i) A nonresidential cooperative cultivation must have displayed prominently on the premises
documentation from the municipality where the single location is located that the
location and the cultivation has been inspected by the municipal building and/or zoning
official and the municipal fire department and is in compliance with any applicable
state or municipal housing and zoning codes; and
(ii) A residential cooperative cultivation must have displayed prominently on the premises
an affidavit by a licensed electrician that the cultivation has been inspected and
is in compliance with any applicable state or municipal housing and zoning codes for
the municipality where the cooperative cultivation is located.
(8) Cooperative cultivations must report the location of the cooperative cultivation to
the department of public safety.
(9) The reports provided to the department of public safety in subsection (8) of this
section shall be confidential, but locations may be confirmed for law enforcement
purposes. The report of the location of the cooperative cultivation alone shall not
constitute probable cause for a search of the cooperative cultivation.
(10) The department of business regulation shall promulgate regulations governing the licensing
and operation of cooperative cultivations, and may promulgate regulations that set
a fee for a cooperative cultivation license.
(b) Any violation of any provision of this chapter or regulations promulgated hereunder
as determined by the department of business regulation may result in the revocation/suspension
of the cooperative cultivation license.
(c) License required. No person or entity shall engage in activities described in this section without a
cooperative cultivation license issued by the department of business regulation.
(d) Effective July 1, 2019, except as to cooperative cultivator licenses issued by the
department of business regulation before July 1, 2019, the department of business
regulation shall no longer accept applications or renewals for licensed cooperative
cultivations and cooperative cultivations shall no longer be permitted.
(e) Effective July 1, 2019, not more than one registered cardholder shall be permitted
to grow marijuana in a dwelling unit or commercial unit, except for two (2) or more
qualifying patient or primary caregiver cardholder(s) who are primary residents of
the same dwelling unit where the medical marijuana plants are grown and in all instances
subject to the plant limits provided in § 21-28.6-4(r).