§ 21-28.6-15. Medical marijuana plant tags.
(a) Effective January 1, 2017, the department of business regulation shall make medical
marijuana tag sets available for purchase. Effective April 1, 2017, every marijuana
plant, either mature or immature, grown by a registered patient or primary caregiver,
must be accompanied by a physical medical marijuana tag issued by the department of
business regulation to qualifying patients and primary caregivers. Effective December
1, 2022, all medical marijuana tag sets shall be provided without charge to patient
cardholders and/or primary caregivers authorized to grow medical cannabis. The commission
by rule and regulation may specify, alter or amend the method or manner of issuance
of tags; however, all issuance of tags after December 1, 2022, shall be without charge
to patient cardholders and/or primary caregivers authorized to grow medical cannabis.
(1) The department of business regulation shall charge an annual fee for each medical
marijuana tag set that shall include one tag for a mature medical marijuana plant
and one tag for an immature plant. If the required fee has not been paid, those medical
marijuana tags shall be considered expired and invalid.
(2) [Deleted by P.L. 2022, ch. 31, § 5 and P.L. 2022, ch. 32, § 5.]
(3) Effective January 1, 2019, and thereafter, the department of business regulation shall
verify with the department of health that all medical marijuana tags provided to registered
patient cardholders, who have notified the department of health of their election
to grow medical marijuana, or primary caregiver cardholders. The department of health
shall provide this verification according to qualifying patients' and primary caregivers'
registry identification numbers and without providing access to any applications or
supporting information submitted by qualifying patients to protect patient confidentiality.
(4) The department of business regulation shall maintain information pertaining to medical
marijuana tags.
(5) All primary caregivers shall acquire at least one medical marijuana tag set for each
patient under their care and all patients growing medical marijuana for themselves
shall purchase at least one medical marijuana tag set.
(6) All licensed medical marijuana cultivators shall acquire at least one medical marijuana
tag set or utilize a seed-to-sale tracking system.
(7) The department of business regulation shall promulgate regulations to establish a
process by which medical marijuana tags may be returned. The department of business
regulation may choose to reimburse a portion or the entire amount of any fees paid
for medical marijuana tags that are subsequently returned.
(b) Enforcement until issuance of final rules and regulations by the commission pursuant
to chapter 28.11 of title 21:
(1) If a patient cardholder, primary caregiver cardholder, licensed compassion center,
or licensed medical marijuana cultivator violates any provision of this chapter or
the regulations promulgated hereunder as determined by the departments of business
regulation or health, his or her medical marijuana tags may be revoked. In addition,
the cardholder's registration or the license may revoke the cardholder's registration
or license.
(2) The department of business regulation may revoke and not reissue, pursuant to regulations,
medical marijuana tags to any cardholder or licensee who is convicted of; placed on
probation; whose case is filed pursuant to § 12-10-12 where the defendant pleads nolo contendere; or whose case is deferred pursuant to
§ 12-19-19 where the defendant pleads nolo contendere for any felony offense under chapter 28
of this title ("Rhode Island controlled substances act�) or a similar offense from
any other jurisdiction.
(3) If a patient cardholder, primary caregiver cardholder, licensed cooperative cultivation,
compassion center, licensed medical marijuana cultivator, or any other person or entity
is found to have marijuana plants, or marijuana material without valid medical marijuana
tags sets or which are not tracked in accordance with regulation, the department of
business regulation shall impose an administrative penalty in accordance with regulations
promulgated by the department on the patient cardholder, primary caregiver cardholder,
licensed cooperative cultivation, compassion center, licensed medical marijuana cultivator,
or other person or entity for each untagged marijuana plant or unit of untracked marijuana
material.
(4) [Deleted by P.L. 2019, ch. 88, art. 15, § 5].
(c) Enforcement after issuance of final rules and regulations by the commission:
(1) If a patient cardholder, primary caregiver cardholder, licensed compassion center,
or licensed medical marijuana cultivator violates any provision of this chapter or
the regulations promulgated hereunder as determined by the commission, his or her
medical marijuana tags may be revoked. In addition, the cardholder's registration
or license may be revoked.
(2) The commission may revoke and not reissue, pursuant to regulations, medical marijuana
tags to any cardholder or licensee who is convicted of; placed on probation; whose
case is filed pursuant to § 12-10-12 where the defendant pleads nolo contendere; or whose case is deferred pursuant to
§ 12-19-19 where the defendant pleads nolo contendere for any felony offense under chapter 28
of this title ("Rhode Island controlled substances act�) or a similar offense from
any other jurisdiction.
(3) If a patient cardholder, primary caregiver cardholder, licensed cooperative cultivation,
compassion center, licensed medical marijuana cultivator, or any other person or entity
is found to have marijuana plants, or marijuana material without valid medical marijuana
tags sets or which are not tracked in accordance with regulation, the commission shall
impose an administrative penalty in accordance with regulations promulgated by the
commission on the patient cardholder, primary caregiver cardholder, licensed cooperative
cultivation, compassion center, licensed medical marijuana cultivator, or other person
or entity for each untagged marijuana plant or unit of untracked marijuana material.