§ 21-28.6-9. Enforcement.
(a) If the department of health fails to adopt regulations to implement this chapter within
one hundred twenty (120) days of the effective date of this act, a qualifying patient
may commence an action in a court of competent jurisdiction to compel the department
to perform the actions mandated pursuant to the provisions of this chapter.
(b) If the department of health or the department of business regulation fails to issue
a valid registry identification card in response to a valid application submitted
pursuant to this chapter within thirty-five (35) days of its submission, the registry
identification card shall be deemed granted and a copy of the registry identification
application shall be deemed a valid registry identification card.
(c) The department of health and the department of business regulation shall revoke and
shall not reissue the registry identification card of any cardholder or licensee who
is convicted of; placed on probation; whose case is filed pursuant to §â€‚12-10-12 where the defendant pleads nolo contendere; or whose case is deferred pursuant to
§â€‚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.
(d) If a cardholder exceeds the possession limits set forth in §â€‚21-28.6-4 or §â€‚21-28.6-14, or is in violation of any other section of this chapter or the regulations promulgated
hereunder, he or she may be subject to arrest and prosecution under chapter 28 of
this title ("Rhode Island controlled substances act�).
(e)(1) Notwithstanding any other provision of this chapter, if the director of the department
of business regulation, or his or her designee, has cause to believe that a violation
of any provision of this chapter or the regulations promulgated thereunder has occurred
by a licensee or registrant under the department's jurisdiction, or that any person
or entity is conducting any activities requiring licensure or registration by the
department of business regulation under this chapter or the regulations promulgated
thereunder without such licensure or registration, or is otherwise violating any provisions
of this chapter, the director, or his or her designee, may, in accordance with the
requirements of the administrative procedures act, chapter 35 of title 42:
(i) With the exception of patient and authorized purchaser registrations, revoke or suspend
any license or registration issued under chapter 26 of title 2 or this chapter;
(ii) Levy an administrative penalty in an amount established pursuant to regulations promulgated
by the department of business regulation;
(iii) Order the violator to cease and desist such actions;
(iv) Require a licensee or registrant or person or entity conducting any activities requiring
licensure or registration under this chapter to take those actions as are necessary
to comply with this chapter and the regulations promulgated thereunder; or
(v) Any combination of the above penalties.
(2) If the director of the department of business regulation finds that public health,
safety, or welfare imperatively requires emergency action, and incorporates a finding
to that effect in his or her order, summary suspension of license or registration
and/or cease and desist may be ordered pending proceedings for revocation or other
action. These proceedings shall be promptly instituted and determined.
(f) All cannabis products that are held for sale or distribution within the borders of
this state in violation of the requirements of this chapter are declared to be contraband
goods and may be seized by the department of business regulation, the tax administrator,
or his or her agents or employees, or by any sheriff, or his or her deputy, or any
police officer when requested by the tax administrator or the department of business
regulation to do so, without a warrant. All contraband goods seized by the state under
this chapter may be destroyed.