Launch Details: Rhode Island’s medical marijuana program was established in 2006 through legislative action with the passage of the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act.
Enabling Legislation: The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act (R.I. Gen. Laws § 21-28.6-1 et seq.) provides the framework for the state’s medical marijuana program.
Regulatory Authority: The Rhode Island Department of Health (RIDOH) oversees patient and caregiver registration, while the Rhode Island Department of Business Regulation (DBR) manages dispensary licensing and regulation.
Historical Milestones: The program began with limited access but has since expanded to include additional qualifying conditions, higher possession limits, and dispensary-based access, with further integration into the adult-use cannabis framework in recent years.
2. Patient Eligibility and Registration
Qualifying Conditions: Qualifying conditions include cancer, chronic pain, PTSD, HIV/AIDS, glaucoma, seizures, and Alzheimer’s disease, among others. Physicians may also recommend medical cannabis for other debilitating conditions they deem appropriate.
Certification Process: Patients must obtain a written recommendation from a licensed physician and submit an application to RIDOH to complete registration in the program.
Patient ID Cards: Upon approval, patients receive a medical marijuana ID card from RIDOH, which must be renewed annually.
Minor Access: Minors may qualify for medical cannabis with parental consent. A parent or legal guardian must act as the minor’s caregiver and handle all aspects of the minor’s medical cannabis use.
3. Possession and Usage Limits
Possession Limits: Registered patients are allowed to possess up to 2.5 ounces of usable marijuana at any given time.
Cultivation Permissions: Patients and caregivers are permitted to cultivate a limited number of plants at home: up to 12 mature plants and 12 seedlings per patient. Cultivation sites must be registered with the state and comply with security requirements.
Form Restrictions: Permissible forms of cannabis include flower, tinctures, capsules, edibles, and concentrates, allowing patients a range of options to suit their medical needs.
4. Dispensaries and Access
Licensed Dispensaries: Rhode Island licenses a limited number of “compassion centers,” which are medical marijuana dispensaries authorized to serve registered patients.
Dispensary Operations: Compassion centers must adhere to strict operational guidelines, including security protocols, patient verification, and specific hours of operation, as set by DBR.
Product Availability: Dispensaries offer a range of products, including flower, tinctures, concentrates, capsules, and topicals, designed to meet a variety of medical needs.
Patient Access: Patients and caregivers must present their medical marijuana ID card at compassion centers for verification. Only registered patients and caregivers may access these dispensaries.
5. Medical Cannabis Product Standards
Testing Requirements: All medical cannabis products must be tested for potency, microbial contaminants, heavy metals, pesticides, and solvents to ensure patient safety and product consistency.
Labeling and Packaging: Products must include labels detailing THC/CBD content, dosage, and safety warnings. Packaging is required to be child-resistant and tamper-evident.
Product Safety Standards: RIDOH enforces safety standards, requiring dispensaries to comply with batch testing and recall protocols if products are found to be unsafe or improperly labeled.
6. Caregiver Provisions
Eligibility: Caregivers must be at least 21 years old, register with RIDOH, and pass a background check. Each caregiver may assist up to five patients, as approved by the state.
Roles and Responsibilities: Caregivers may purchase, transport, and administer medical cannabis on behalf of their designated patients. They are also permitted to cultivate cannabis plants if registered to do so on behalf of a patient.
7. Taxation and Fees
Patient Registration Fees: Patients pay a $50 annual registration fee to participate in the program. Reduced fees are available for patients experiencing financial hardship, subject to verification by the Department of Health.
Product Taxation: Medical cannabis purchases by registered patients at Rhode Island compassion centers are exempt from state sales tax, although there may be an excise tax applied to support program funding.
8. Licensing and Regulatory Fees
Dispensary Licensing Fees: Compassion centers pay significant fees, including a $5,000 non-refundable application fee and a $500,000 annual licensing fee, which supports program oversight and regulatory enforcement by the Department of Business Regulation.
Other Licensing Fees: Cultivation and processing facilities also pay licensing and renewal fees based on facility size and operational scope. These fees help fund the regulatory activities of RIDOH and DBR.
9. Product Potency and Formulation Restrictions
THC Potency Limits: Rhode Island does not set specific THC potency caps for medical cannabis products. However, compassion centers must clearly label potency information on all products to help inform patient usage.
Permitted Forms: Approved forms of medical cannabis include flower, tinctures, oils, concentrates, capsules, edibles, and topicals, giving patients flexibility to tailor treatments based on their medical needs.
10. Home Cultivation for Patients and Caregivers
Home Cultivation: Registered patients and caregivers are permitted to cultivate up to 12 mature plants and 12 seedlings for personal medical use, provided they comply with state registration and security requirements. Cultivation sites must be registered with the Department of Health.
11. Insurance and Legal Protections
Insurance Coverage: Rhode Island law does not require health insurance providers to cover the cost of medical cannabis, leaving patients responsible for out-of-pocket expenses.
Legal Protections: Registered patients and caregivers are protected from criminal prosecution for possession and use of medical cannabis within program limits. Additionally, program participants are afforded certain protections from discrimination in housing and employment, provided they adhere to program guidelines and do not compromise safety or performance.
