560-RICR — Cannabis Control Commission

Chapter 10 Cannabis

Subchapter 05 Administration and Procedures

560-RICR-10-05-1 Administration, Procedures and Enforcement

560-RICR-10-05-1 § 1.1 Authority

A.R.I. Gen. Laws §§ 21-28.11-4 and 21-28.11-5 authorize the Commission to promulgate such rules and regulations as are necessary and proper to carry out the powers and duties assigned to it by the Cannabis Act, the Medical Marijuana Act and any other provision of law, including those powers and duties transferred to the Commission by the Department of Business Regulation.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.2 Purpose and Scope

A.The regulations in this Title apply to all activities requiring authorization, registration and/or licensure under the Cannabis Act, the Medical Marijuana Act and these regulations to ensure the safe and regulated use of cannabis in the State of Rhode Island. R.I. Gen. Laws § 21-28.11-5.

B.This regulation shall govern the conduct of administrative adjudicatory proceedings commenced before the Commission after its effective date. All prior and ongoing proceedings by the Department of Business Regulation pursuant to the Cannabis Act, the Medical Marijuana Act and/or DBR regulations shall be transferred to the Commission. R.I. Gen. Laws §§ 21-28.11-10.1(g)(1), 21-28.6-19.

C.All hearings and enforcement actions shall be conducted in accordance with this Part and the Rhode Island Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.3 Definitions

A.In addition to the terms defined in R.I. Gen. Laws §§ 21-28.11-3, 21-28.6-3, and all the Parts in this Chapter, for this Part the following terms shall have the following meanings:

1.“APA” means the Rhode Island Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.

2.“Cannabis Act” means R.I. Gen. Laws Chapter 21-28.11 entitled, “The Rhode Island Cannabis Act,” as amended.

3.“Chair” or “Chairperson” means the current chairperson of the Cannabis Control Commission or their designee.

4.“Commission” means the Cannabis Control Commission or its designee.

5.“Commissioner” or “Commissioners” means one or more of the current commissioners of the Cannabis Control Commission.

6.“Commission counsel” means the legal counsel of the Commission, and includes any outside counsel retained by the Commission to participate in any proceeding before the Commission.

7.“Commission regulations” or “these regulations” means all regulations in Title 560 of the Rhode Island Code of Regulations.

8.“Contested case” means as defined in R.I. Gen. Laws § 42-35-1.

9.“DBR” means the Rhode Island Department of Business Regulation, including any Division or Office thereof, or its successor agency.

10.“DBR regulations” collectively means the following regulations:

a.Rules and Regulations Related to the Medical Marijuana Program Administered by the Department of Business, 230-RICR-80-05-1;

b.Disclosure Requirements Regarding Public Company Interest Holders in Marijuana Establishment Licensees, 230-RICR-80-05-3; and

c.Minimum Requirements for Departmental Approval of Volatile Solvent-Based Hydrocarbon Extraction Operations, 230-RICR-80-05-4.

11.“License” means an authorization issued by the Commission, which may be referred to as a license, provisional license, occupational license, permit, card, certificate, approval, registration, and/or charter, granting permission required by law to engage in certain activities.

12.“Licensee” or “cannabis establishment licensee” means any holder of a license.

13.“Medical Marijuana Act” means R.I. Gen. Laws Chapter 21-28.6 entitled, “The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act,” as amended.

14.“Party” or “Parties” means each person named as a respondent and any other person admitted as a participant in a contested case.

15.“Person” or “Persons” means any individual, partnership, corporation, limited liability company, association, governmental subdivision, public or private organization or any other entity however formed.

16.“Petitioner” means a person seeking relief, not otherwise designated in this section.

17.“Presiding Officer” means the individual(s) authorized by law or duly designated by the Chair to conduct hearings, write decisions, and make recommendations to the Chair and/or the Commission in contested cases, including the Chair, other Commissioners, or the full Commission. Under circumstances where the full Commission hears a matter, the Chair shall act as the Presiding Officer.

18.“Provisional licensee” means an applicant who has been given conditional approval to hold a license that permits the applicant to engage in or proceed with certain actions or activities.

19.“Registrant” means any person who is a registered patient, caregiver or authorized purchaser who is duly registered with the Commission, RIDOH or DBR.

20.“Respondent” means a party who is the subject of an administrative action pursuant to § 1.6 of this Part.

21.“RIDOH” or “DOH” means the Rhode Island Department of Health or its successor agency.

22.“RIDOH Medical Marijuana regulations” means the Rules and Regulations related to the Medical Marijuana Program Administered by the Department of Health, 216-RICR-20-10-3, as the same may be amended from time to time, and the RIDOH Testing Regulations.

23.“RIDOH testing regulations” means the testing requirements, standards, and procedures for conduct of testing through “approved third party testing providers” promulgated by RIDOH, including but not limited to 216-RICR-60-05-6.

24.“Writing” means its normal usage and includes electronic writings if the parties have agreed to conduct the transaction by electronic means in accordance with R.I. Gen. Laws § 42-127.1-7.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.4 Inspections and Audits

A.Cannabis establishment licensees are subject to reasonable inspection by the Commission. R.I. Gen. Laws § 21-28.11-20.

1.The Commission is authorized to enter a cannabis establishment licensee’s premises at reasonable times to inspect in a reasonable manner the premises and all equipment, materials, containers, and other things therein, including without limitation all records, files, financials, sales, transport, pricing and employee data, research, papers, processes, controls and to inventory any stock of cannabis, labels, containers, packages, paraphernalia and other materials and products.

2.During any inspection, the Commission may review the cannabis establishment licensee's confidential records, including but not limited to dispensing records, which track transactions according to identifying information for adult-use purchasers, patients, primary caregivers, and authorized purchasers. Dispensing records for patient cardholders shall be tracked and maintained in accordance with the Medical Marijuana Act.

3.The Commission may review and audit the books and records of cannabis establishment licensees to ascertain compliance with the Cannabis Act, the Medical Marijuana Act and any regulations promulgated thereunder, including continued satisfaction of the legal requirements for the issuance and retention of a license. The cannabis establishment licensee must make such books and records immediately available for reviewing and copying by the Commission. The Commission may retain an independent auditor to act as its agent for purposes of this section, the cost of which shall be borne by the cannabis establishment licensee.

4.Nothing herein shall be interpreted to limit the real time access of the Commission to information stored in the cannabis seed-to-sale tracking system.

5.The Commission may coordinate with law enforcement or other state agencies to conduct inspections to evaluate compliance with the Cannabis Act, the Medical Marijuana Act, any regulations promulgated thereunder or any other applicable laws.

6.The Commission may coordinate with and/or retain a licensed testing laboratory to act as its agent to conduct sampling and/or testing for an inspection or investigation, the cost of which shall be borne by the cannabis establishment licensee.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.5 Commission Investigations and Enforcement

A.Commission Investigations. The Commission, upon receipt of a complaint regarding a licensee, a provisional licensee or any person required to be licensed, or on its own authority, may initiate an investigation and take action:

1.Against a licensee or provisional licensee,

2.Against an applicant for a license or for the renewal of a license,

3.Against any person who is required to be licensed but is not licensed, and

4.Against any person who is subject to the regulatory authority of the Commission.

5.All such actions shall be upon such terms and conditions as are permitted under applicable law and the regulations adopted pursuant thereto.

B.Responses to Complaints and Investigations

1.The Commission may require a licensee, applicant, registrant, provisional licensee, provisional registrant or person required to be licensed or registered to file a response to a complaint, question, or other request within fifteen (15) business days, or within any other time frame specified by the Commission or otherwise required by law.

C.Violations and Enforcement

1.Pursuant to R.I. Gen. Laws § 21-28.11-18, the Commission may take any combination of the following actions:

a.Place on probation, suspend, revoke, or refuse to issue any license, registration, or card issued under the Cannabis Act, the Medical Marijuana Act and/or any regulations promulgated thereunder;

b.Levy an administrative penalty;

c.Order the violator to cease and desist certain actions, which may include but not be limited to ordering a cessation of operations or the quarantine of cannabis plants, cannabis products and/or materials;

d.Order sampling and/or testing of cannabis or cannabis products in accordance with § 10-2.26 of this Chapter and RIDOH Testing Regulations;

e.Require a licensee, registrant, cardholder, person or entity conducting any activities requiring licensure or registration under the Cannabis Act, the Medical Marijuana Act and/or any regulations promulgated thereunder to take such actions as are necessary to comply or ensure compliance with applicable law and any regulations promulgated thereunder; and/or

f.Take any other action authorized by the Cannabis Act and/or the Medical Marijuana Act.

2.The Commission may take any of the actions set forth above against a licensee or any person or entity conducting activity requiring a license or registration under the Cannabis Act, the Medical Marijuana Act and/or any regulations promulgated thereunder for one or more of the following causes:

a.Providing materially incorrect, misleading, incomplete, or untrue information in a license, commercial identification card or registry identification card application, or in any other communications to the Commission;

b.Violating any applicable Rhode Island laws, including but not limited to the Cannabis Act, the Medical Marijuana Act and/or any regulations promulgated thereunder;

c.Obtaining or attempting to obtain a license, commercial identification card or registry identification card, or any local approval required in connection therewith through bribery, fraud, deceit or misrepresentation;

d.Conducting any unlicensed or unregistered activity;

e.Having a cannabis related license, registration, card, permit or its equivalent denied, suspended, revoked or otherwise found to be in violation of any other state, province, district, or territory’s legalized cannabis program;

f.Having been convicted, placed on probation, or having a case filed pursuant to R.I. Gen. Laws § 12-10-12 where the licensee or cardholder pleads nolo contendere, or having a case deferred pursuant to R.I. Gen. Laws § 12-19-19 where the licensee or cardholder pleads nolo contendere for any offense identified as a disqualifying or presumptively disqualifying crime in § 10-1.3.6 of this Chapter, or any comparable offense from any other jurisdiction;

g.Failing to notify the Commission of any disqualifying or presumptively disqualifying criminal conviction, plea of nolo contendere, case filing, or deferral as set forth in § 10-1.3.6 of this Chapter;

h.Exceeding the possession limits set forth in the Cannabis Act, the Medical Marijuana Act, or these regulations;

i.Failing to comply with the medical home-grow registration requirements in the Medical Marijuana Act or § 15-1.4 of this Chapter;

j.Forging another's name to an application or to any document related to a license, registration or card;

k.Failing to furnish to the Commission or any person acting on behalf of the Commission within the time required by any written notice from Commission or its designee any information pertaining to a license, registration and/or operations that may be requested by the Commission pursuant to the Cannabis Act, the Medical Marijuana Act and/or these regulations;

l.Knowingly accepting, purchasing or receiving cannabis and/or cannabis products from an individual or business entity who is not licensed but who is required to be licensed by the Commission; or

m.In conjunction with any violation of §§ 1.5(C)(2)(a) through (l) of this Part, any conduct reflecting adversely upon the licensee’s or cardholder’s fitness to engage in the cannabis industry.

3.It is sufficient cause to discipline a cannabis establishment licensee in accordance with this section if a principal officer, board member, employee, agent, or volunteer affiliated with a cannabis establishment licensee violates the Cannabis Act, the Medical Marijuana Act or any regulations promulgated thereunder when acting in their capacity as a principal officer, board member, employee, agent, or volunteer of the cannabis establishment licensee.

4.Possession of Cannabis and Cannabis Plants in Violation of the Cannabis Act, the Medical Marijuana Act and/or these Regulations

a.Pursuant to R.I. Gen. Laws § 21-28.6-15(b)(3), if any patient cardholder or primary caregiver cardholder is found to have cannabis plants without a valid medical cannabis home-grow certificate, the Commission shall impose an administrative penalty in accordance with these regulations on the patient cardholder or primary caregiver cardholder.

b.If any licensed cannabis establishment or any key person or employee thereof is found to have cannabis plants or cannabis material which are not tracked in accordance with these regulations, the Commission shall impose an administrative penalty in accordance with these regulations on the licensed cannabis establishment or any other person or entity for each untagged cannabis plant or unit of untracked cannabis material.

5.Revocation of Medical Cannabis Home-Grow Certificates

a.R.I. Gen. Laws § 21-28.6-15(b)(1) authorizes the Commission to revoke medical cannabis home-grow registrations for violations of any provision of the Cannabis Act, the Medical Marijuana Act and these regulations.

b.Grounds for revocation of medical cannabis home-grow certificates shall include, but are not limited to:

(1)Failure to maintain or timely renew the required underlying qualifying patient or primary caregiver registration;

(2)Having excess and/or unregistered plants;

(3)Misrepresentation in applying for a medical cannabis home-grow certificate;

(4)Permitting unauthorized use of medical home-grow certificate by another party;

(5)Growing in more than one location;

(6)Transferring plants from the registered grow location without complying with the rules for said transport;

(7)Failing to maintain or produce cultivation records in accordance with § 15-1.3.4(B) of this Chapter; and

(8)Other violations of the Cannabis Act, the Medical Marijuana Act or any regulations promulgated thereunder which may result in the suspension of a registry identification card.

c.If the Commission revokes the registration card of a primary caregiver due to disqualifying criminal information as delineated in the Medical Marijuana Act or for any other reason, that primary caregiver’s medical cannabis home-grow certificate shall be automatically and immediately revoked.

d.If RIDOH or the Commission revokes the registration of a patient for any reason, any medical cannabis home-grow certificate issued to that patient and/or issued to any caregiver registered to grow for that patient shall be automatically and immediately revoked.

e.Before a medical cannabis home-grow certificate is revoked pursuant to this section, the certificate holder will be given ten (10) business days advance notice to destroy the cannabis plants that were associated with medical cannabis home-grow certificate.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.6 Notice of Contested Case

A.Notice Required. The Commission shall give notice (“Notice”) to all respondents of the initiation of a contested case. The Notice, which may but is not required to be in the form of an order to show cause, shall be designed to afford an opportunity for hearing to all parties pursuant to the APA.

B.Hearings. If the Notice schedules a prehearing conference and/or a hearing, the respondent must comply with the Notice or be subject to a default in accordance with § 1.23 of this Part. If the Notice informs the respondent of its right to a hearing upon request, the respondent must follow the requirement of the Notice and request a hearing, or it will be subject to default in accordance with § 1.23 of this Part.

1.If the respondent requests a hearing in response to a Notice, the Commission shall then provide an additional Notice to the respondent with the date and time of a prehearing conference, an order appointing a Presiding Officer and, to the extent not included in the first Notice, the legal and factual information that forms the basis for the action sought by the Commission.

C.Contents of Notice: The Notice shall comply with the APA.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.7 Prehearing Conferences

A.It is the policy of the Commission to encourage the use of prehearing conferences as a means of making more effective use of hearing time and to otherwise aid in the disposition of the proceeding or the settlement thereof. Unless necessary to comply with existing law, prehearing conferences and status conferences may be held remotely in accordance with § 1.17(K) of this Part.

B.The Presiding Officer may, with reasonable written notice, require that all parties attend a prehearing conference to consider the following:

1.The simplification, narrowing, and clarification of the issues;

2.The possibility of obtaining written stipulations, admissions, agreements with respect to the introduction of facts, documents or similar agreements which will avoid unnecessary evidence or proof;

3.The identification of witnesses and the limitation of the number of witnesses;

4.The possibility of agreement disposing of all or any of the issues in dispute;

5.The consideration of outstanding motions;

6.The status of settlement negotiations, if any;

7.The use of pre-filed testimony, where appropriate;

8.Any matters of discovery, including limitation of data requests, document requests, or other discovery or resolving disputes as to the scope of discovery;

9.Scheduling of hearings; and

10.Such other matters as may aid in the final disposition of the proceeding.

C.All parties shall attend the prehearing conference fully prepared to discuss all matters related to the proceedings. Failure of any party to attend the prehearing conference may constitute a waiver of all objections to any order or ruling issued as a result of the prehearing conference unless good cause is shown.

D.At the sole discretion of the Presiding Officer, the parties may be permitted to waive the prehearing conference by filing with the Presiding Officer a stipulation prior to the prehearing conference that contains the following:

1.Agreement to the issues in the matter,

2.An agreed to discovery schedule,

3.Three (3) agreed to possible dates for a hearing, and

4.Any other agreements as to matters contained in § 1.7(B) of this Part.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.8 Representation

A.Appearances

1.The Commission shall notify each party that each party may retain legal counsel admitted in the State of Rhode Island. Said notification shall be set forth in the Commission’s order appointing a Presiding Officer.

2.Individuals, and partners of partnerships, may appear pro se if they choose. Corporations, including limited liability corporations, may not appear pro se.

3.If a party is not appearing pro se, the party must be represented by a member in good standing of the Bar of the State of Rhode Island or by out of state attorneys admitted pro hac vice by the Superior Court or by the appropriate court unless exempted pursuant to R.I. Gen. Laws § 11-27-11.

4.All attorneys must conform to the standards of ethical conduct required of practitioners before the courts of the State of Rhode Island.

B.Appearances of Present and Former Employees of the Commission

1.No person who is a current employee of the Commission or the Cannabis Office may appear before the Commission on behalf of any person or to represent any person or act as an expert witness before the Commission except in the performance of their official duties as an employee of the Commission or Cannabis Office.

2.No person having been so employed may, within one (1) year after said employment has ceased, appear before the Commission on behalf of any other person, or to represent any person or act as an expert witness before the Commission in accordance with the R.I. Code of Ethics, R.I. Gen. Laws Chapter 36-14.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.9 Filing of Pleadings and Other Documents

A.Title. All pleadings and other documents filed with the Commission in any contested case shall, whenever possible, state the file number, the title of the proceeding and the name of the person on whose behalf the filing is made.

B.Form. All pleadings and other documents filed with the Commission shall be filed by electronic mail or other electronic means as specified by the Commission, or by any other manner or means approved by the Presiding Officer. All documents must include, if applicable, the Rhode Island Bar number, address, telephone number, and e-mail address of each attorney and pro se litigant. Electronic receipt by the Commission shall be presumptive of the actual date of filing.

C.Signature. The electronic copy of each pleading shall be signed and dated by the party on whose behalf the pleading is made or by the party's authorized representative. This signature shall constitute a certification that the individual has read the document, knows the contents thereof and to the best of their knowledge believes that such statements are true, that it is not interposed for delay, and that if the pleading has been signed by an authorized representative, that the representative has full power and authority to do so. The signature on the pleading may be handwritten or electronic.

D.Construction. All pleadings shall be liberally construed and errors or defects therein which do not mislead or affect the substantial rights of the parties involved may be disregarded.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.10 Service

A.Service Upon Respondent and Parties. A copy of all pleadings and other documents filed in any proceeding governed by this regulation shall be served upon all parties.

B.Manner of Service

1.Service of a Notice pursuant to § 1.6(A) of this Part shall be made upon a party’s last known address on file with the Commission if the party is a licensee. If the party is not a licensee, service of a Notice pursuant to ‎§ 1.6(A) of this Part shall be made upon the party’s last known address which the Commission reasonably believes will result in actual delivery to the party.

2.As to all other pleadings, unless otherwise ordered by the Presiding Officer, service under this regulation shall be made upon a party or upon the party’s attorney by electronic delivery to the electronic address supplied by the party in the pleadings.

3.Service upon persons who have not yet made an appearance shall be the same as is required for service of a Notice.

4.Service by mail is complete upon mailing.

C.Certificate of Service. There shall accompany and be included in the original of each pleading filed with the Commission a certificate of service showing when and through what means service was effectuated on all parties.

D.Date of Certificate to Govern. In addition to the provisions of § 1.11(A) of this Part, the time for response to all pleadings shall commence as of the date of the certificate of service.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.11 Time

A.Computation. Unless otherwise specifically provided by law, computation of any time period referred to in this regulation shall begin with the first day following the act which initiates the running of the time period (including Saturday, Sunday and legal holidays). The last day of the time period so computed is to be included unless it is a Saturday, Sunday or legal holiday or any other day on which the Commission is not open for business, in which case the period shall run until the next following business day.

B.Extensions of Time. It shall be within the discretion of the Presiding Officer, for good cause shown, to extend any time limit. All requests for extensions of time shall be made by written motion filed with the Presiding Officer before the expiration of the applicable time period, unless waived by the Presiding Officer. The Presiding officer may grant or deny such motions on the basis of the written request and without a full hearing.

C.Continuances. Except as otherwise provided by law, the Presiding Officer may, in their discretion, continue any proceeding or hearing in the matter. If a party requests a continuance, that request should indicate whether or not the other party(ies) assents to such request. If the continuance is granted the requesting party must immediately notify all other parties of record and if deemed necessary, prepare and submit an order. The continuance will only be effective when the notification to all other parties of record has been made.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.12 Motions

A.General. Any party may request that the Presiding Officer enter any order or action not inconsistent with law or this regulation. The types of motions made shall be those which are permissible under this regulation and the Rhode Island Superior Court Rules of Civil Procedure (“Super. R. Civ. P.”).

B.Presentation/Objections to Motions. Motions may be made in writing at any time and may be made orally at any in-person or remote proceeding in the matter. Each motion shall set forth the grounds for the desired order or action and state whether oral argument is requested. Within ten (10) days after a written motion is filed with the Presiding Officer and served on the opposing party(ies), a party opposing said motion must file a written objection to the granting of the motion, and shall, if desired, request oral argument. All written motions and objections shall be accompanied by a written memorandum specifying the legal and factual basis for the party's position.

C.Action on Motion. The Presiding Officer shall, if they determine oral argument on the motion is warranted, give notice of the time and place for such argument. The Presiding Officer may rule on a motion without argument if the motion involves a matter as to which the presentation of testimony or oral argument would not advance the Presiding Officer’s understanding of the issue(s) involved or if disposition without argument would best serve the public interest. The Presiding Officer may act on a motion when all parties have responded thereto, or the deadline for response has passed, whichever comes first.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.13 Discovery

A.General. The Commission favors prompt and complete disclosure and exchange of information and encourages informal arrangements among the parties for exchange of discovery. It is the Commission’s policy to encourage the timely use of discovery as a means toward effective presentations at hearing.

B.Procedure. Any party, by written request served upon all other parties, may request any discovery allowed under the Superior Court Rules of Civil Procedure. Discovery may be limited by the Presiding Officer.

C.Hearing Delay. No hearing shall be continued to permit the completion of discovery unless due cause is shown.

D.Discovery Schedule. At the discretion of the Presiding Officer, the discovery schedule shall be set at the prehearing conference. The Presiding Officer may amend such discovery schedule at any time at the request of a party or on their own volition.

E.Discovery Disputes. Objections to discovery requests shall be made pursuant to the Superior Court Rules of Civil Procedure. If there is a dispute between the parties relating to a party’s failure to respond to discovery, the party requesting the discovery shall comply with Super. R. Civ. P. 37(a)(2) prior to filing a Motion to Compel Discovery with the Presiding Officer.

F.A party is not required to file discovery responses with the Presiding Officer unless the discovery response is used in the proceeding or otherwise ordered by the Presiding Officer, consistent with the Super. R. Civ. P. 5(d).

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.14 Acceptance of Electronic Records and Signatures

A.In accordance with the Uniform Electronic Transactions Act (UETA), R.I. Gen. Laws Chapter 42-127.1, the Commission may determine whether, and the extent to which, it will accept electronic records, documents, notifications, and signatures from other persons or entities where the Cannabis Act or the Commission regulations refer to written records, documents, notifications, and signatures.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.15 Subpoenas

A.Upon application of any party, subpoenas requiring the attendance and testimony of witnesses and to compel the production and examination of papers, books, accounts, documents, records, certificates and other evidence that may be necessary or proper for the determination and decision of any question before the Presiding Officer may be issued by the Chairperson upon submission by the Presiding Officer. Except as may be otherwise provided by law, including, without limitation, the provisions of R.I. Gen. Laws § 21-28.11-5, in cases where a subpoena is not honored, the Chairperson may elect to make application to the State of Rhode Island Superior Court for an order to show cause why the person who failed to honor the subpoena shall not be held in contempt and for such further relief as may be appropriate.

B.The Presiding Officer may, sua sponte, or on motion of any of the parties or witnesses, issue such protective orders, grant such motions to quash and grant other motions as justice or fairness may require.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.16 Evidence

A.Rules of Evidence. Irrelevant, immaterial or unduly repetitious evidence shall be excluded in all proceedings wherein evidence is taken. While the rules of evidence as applied in civil cases in the Superior Courts of this state shall be followed to the extent practicable, the Presiding Officer shall not be bound by the technical evidentiary rules. Evidence not otherwise admissible may be admitted, unless precluded by statute, when necessary to ascertain facts not reasonably susceptible of proof under the rules, if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The rules of privilege recognized by law shall apply. Objections to evidentiary offers may be made and shall be noted in the record.

B.Exhibits, Copies. In all cases wherein evidence is taken, exhibits may be introduced in the form of copies or excerpts, if the original is not readily available. Upon request, a party shall be given an opportunity to compare the copy with the original.

C.Administrative Notice. In all proceedings wherein evidence is taken, notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the Commission’s specialized knowledge; but parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any report or data required by law or regulation to be filed with the Commission, and they shall be afforded an opportunity to contest the material so noticed. The Presiding Officer's experience, technical competence and specialized knowledge may be utilized in the evaluation of the evidence. The burden is on the party requesting the Presiding Officer's notice to produce the documents or other matter for the Presiding Officer's review.

D.Commission Employees, Agents and Consultants. The Presiding Officer may use Commission employees, agents and consultants to assist in the evaluation of any evidence introduced at the hearing. No ex parte consultation is allowed, and all such employees, agents and consultants shall be presented as witnesses and be subject to cross examination in the proceedings.

E.Oath. All testimony shall be under oath or by affirmation.

F.Testimony. At the discretion of the Presiding Officer, an adverse inference may be drawn by an assertion by a witness or a party of their Fifth Amendment rights under the U.S. Constitution.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.17 Conduct of Hearings

A.General. Hearings shall be as informal as may be reasonable and appropriate under the circumstances. All parties, witnesses and other persons at a hearing shall conduct themselves in a manner consistent with the standards of decorum commonly observed in a courtroom. Where such decorum is not observed, the Presiding Officer may take appropriate action including ejectment or adjournment, if necessary. Hearings (in compliance with the Open Meetings Act, R.I. Gen. Laws Chapter 42-46) and status conferences may be held remotely in accordance with § 1.17(K) of this Part.

B.Duties of Presiding Officer. The Presiding Officer shall conduct the hearing, make all decisions regarding admission or exclusion of evidence or any other procedural matters and either administer oaths to all witnesses or ask a designee to do so.

C.Order of Proceedings. Except as otherwise required by law, it shall be the usual practice that the Commission shall open. Where evidence is peculiarly within the knowledge of one party, or in cases in which Contested Cases have been consolidated or where there are multiple parties, the Presiding Officer may, in their discretion, direct who shall open and shall further designate the order of presentation.

D.Rights of Parties. Parties shall have the right to present evidence, cross- examine witnesses, object, make motions and present arguments.

E.Record of Proceedings.

1.A complete record of the proceedings shall be recorded by either audio or video. At the discretion of the Presiding Officer the proceeding may be recorded by stenographic record. In the event the Presiding Officer orders a stenographic record, the Presiding Officer shall declare which party or parties shall bear the cost thereof. Any party may on its own initiative order a stenographic record made of the proceedings. The requesting party shall incur all costs associated therewith and provide a copy of the original stenographic record, at no cost, to the Presiding Officer. When the stenographic record is requested by the respondent, a copy shall be provided to the Commission counsel at no cost to the Commission. Any party may request a copy of the audio or video recording of the proceedings. The requesting party shall bear the cost thereof.

2.If a party chooses to appeal a final Commission decision to the Superior Court pursuant to the APA and the Superior Court requires a transcript of the hearing, the appealing party shall be responsible for having the transcript prepared in a manner acceptable to the Superior Court at the appealing party’s expense within twenty (20) days of filing the appeal.

F.Public Hearings. Except as required by law, all hearings are to be open to the public, whether held in person or by remote means as approved by the Presiding Officer. Hearings held before a majority of the Commission must also be duly noticed and otherwise comply with the Open Meetings Act, R.I. Gen. Laws Chapter 42-46. In general, any person who is not a party to a proceeding may, in the discretion of the Presiding Officer, be permitted to make oral or submit written statements on any issues relevant to the proceeding.

G.Close of Proceedings. At the conclusion of the evidence, the Presiding Officer may, in their discretion, permit and/or require the parties to argue orally and/or to submit written briefs. The Presiding Officer may, within their discretion, direct that proposed findings of fact and conclusions of law be submitted by the parties. The record in the proceeding shall close after oral argument, the deadline for the filing of the briefs or upon such date as may be set by the Presiding Officer. No evidence shall be admitted thereafter, unless otherwise ordered by the Presiding Officer. The Presiding Officer may in any case require either party, with appropriate notice to the other party, to submit additional evidence in any matter relevant to the hearing.

H.Waiver of Hearing. In any proceeding, if the parties agree to waive the hearing, the Presiding Officer may dispose of the matter upon the pleadings and other submittals of the parties.

I.Dispositions. Unless otherwise precluded by law, disposition may be made of any contested case at any time by stipulation, consent agreement, default or dismissal by the Presiding Officer. A joint request for a stay of the hearing or dismissal of proceedings based on a resolution shall be forwarded to the Presiding Officer and may be granted within the sound discretion of the Presiding Officer.

J.Consent Agreements. The Commission has discretion to enter into a consent agreement with a party(ies) to resolve a matter without an administrative hearing. A consent agreement is valid if signed by an authorized Commission representative. A consent agreement may be approved by the Presiding Officer and/or Chairperson, but Presiding Officer and/or Chairperson approval as signatory is not required. If a consent agreement is entered into by the parties a copy shall be forwarded to the Presiding Officer. Consent agreements are public records pursuant to the Access to Public Records Act, R.I. Gen. Laws Chapter 38-2.

K.Nothing herein shall be construed to prohibit the Presiding Officer, in their discretion, from holding a hearing, any component of a hearing, prehearing conference or status conference by means of remote access (telephone, video conference or any other means), subject to the APA, the Open Meetings Act, R.I. Gen. Laws Chapter 42-46, and any other statutes applicable to the particular type of hearing or subject matter. The Presiding Officer may follow any relevant Superior Court procedural rules, protocols and/or orders as it determines to be reasonable in the context of an administrative proceeding.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.18 Administrative Penalties

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.19 Decisions

A.All decisions rendered by the Commission or the Presiding Officer at the conclusion of a hearing shall be in writing and shall comply with the requirements of the APA. If the Chairperson has chosen to appoint someone else as a Presiding Officer, the decision of the Presiding Officer shall be reviewed by the Chairperson who shall enter an order adopting, modifying or rejecting the decision. The decision and order shall be delivered to all parties with a notice indicating the right to take an appeal of the decision and order to the Superior Court pursuant to the APA.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.20 Publication of License Suspensions and Revocations

A.Any final decision and order of the Commission is public and may be published or distributed as deemed necessary to adequately inform the public of the action taken. All decisions and consent agreements may be posted on the Commission’s website.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.21 Reconsideration

A.At any time after the issuance of a final order of the Chair or Commission, any party may, for good cause shown, by motion, petition the Commission to reconsider the final order. The petitioner shall file their motion within twenty (20) days of the issuance of the final order and shall set forth the grounds upon which they rely.

B.The Chair may grant the motion for reconsideration within their discretion and shall order such relief as they deem appropriate under the circumstances. If the request for reconsideration is denied, an appeal for judicial review may be taken in accordance with § 1.22 of this Part.

C.The Commission shall not entertain a motion for reconsideration filed more than twenty (20) days after entry of the final decision, unless the Presiding Officer finds good cause to entertain said motion.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.22 Judicial Review

A.Any party aggrieved by a final written order of the Commission may file a complaint with the Superior Court pursuant to the APA. In the absence of a timely appeal, the order or decision of the Commission shall become final and no further administrative appeal may be taken.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.23 Default

A.If any party to a proceeding fails to plead, appear at a prehearing conference or hearing or otherwise fails to prosecute or defend an action as provided by this regulation, the Presiding Officer may enter a default judgment against the defaulting party, take such action based on the pleadings and/or other evidence submitted by the non-defaulting party as the Presiding Officer deems appropriate in their discretion or take such other action as the Presiding Officer deems appropriate in their sole discretion. Challenge to such an order shall be made as a motion for reconsideration pursuant to § 1.21 of this Part.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.24 Disqualification; Incapacity of Presiding Officer

A.Disqualification. Any party may make a motion to the Commission requesting that they disqualify or remove the Presiding Officer from the proceeding. The motion shall be accompanied by an affidavit setting forth the reasons for the disqualification. If the motion to disqualify is granted, the Commission shall assign another Presiding Officer to the matter.

B.Incapacity. When the Presiding Officer becomes incapacitated or unavailable to complete a hearing and/or render a decision, the hearing shall be conducted and/or the decision shall be rendered by a substitute Presiding Officer appointed by the Commission. If any party objects to the substitution, that party must prove prejudice by presentation of argument and evidence to the substitute Presiding Officer. If the substitute Presiding Officer finds that the objecting party will be prejudiced, the substitute Presiding Officer will issue an Order making such findings and will hear the matter de novo.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.25 Miscellaneous

A.Intervention. A request to intervene consistent with Super. R. Civ. P. Rule 24 may be initiated by filing a motion to intervene with the Presiding Officer.

B.Ex Parte Consultations. No Person who is a party to or a participant in any proceeding before the Commission or the party’s counsel, employee, agent or any other individual acting on the party's behalf, shall communicate ex parte with the Presiding Officer or any Commissioner about any matter related to the proceeding, and the Presiding Officer and/or the Commissioners shall not request or entertain any such ex parte communications. The prohibitions contained above do not apply to those communications which relate to hearing schedules, procedural matters and general information about how hearings are conducted.

C.Consolidation. The Presiding Officer may, in their discretion, consolidate or combine several matters for purposes of hearing or other proceedings, when they find that sufficient common issues of fact or law or both are involved.

D.Plural. Words in the singular number include the plural, and vice-versa, except where the context otherwise requires or where a contrary result appears from necessary implication.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.26 Protective Orders

A.Motions for protective orders shall be filed in accordance with § 1.11 of this Part.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.27 Equal Access to Justice for Small Businesses

A.Pursuant to R.I. Gen. Laws Chapter 42-92, the Presiding Officer shall award reasonable litigation expenses incurred by the prevailing party in connection with contested case, if the Presiding Officer finds that all of the following conditions are met:

1.That there was no reasonable basis in fact or law for the Commission’s position; and

2.The adjudicatory proceedings involved loss of benefits, the imposition of a fine, the suspension or revocation of a license or permit, or which may result in the compulsion or restriction of activities; and

3.The prevailing party must be either:

a.An individual whose net worth is less than five hundred thousand dollars ($500,000) at the time the adjudication is initiated; or

b.An individual, partnership, corporation, association. or private organization doing business and located in the state, which is independently owned and operated, not dominant in its field, and which employs no more than one hundred (100) persons at the time the adjudication is initiated; and

B.The prevailing party must request reimbursement not later than thirty (30) days following the issuance of the written order, detailing:

1.Compliance with § 1.27(A) of this Part; and

2.The costs incurred in defending against the unreasonable adjudicatory proceedings, including, but not limited to, attorney’s fees and witness fees.

C.If found to be applicable, the Presiding Officer shall issue a supplementary order directing the Commission to pay reasonable litigation expenses, as limited by R.I. Gen. Laws § 42-92-2(6).

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.28 Application Review for Individuals Convicted of a Crime

A.Applications by a person who has been convicted of a crime or crime(s) for a license, provisional license, occupational license, permit, certificate, or registration issued by the Commission shall be reviewed consistent with R.I. Gen. Laws §§ 28-5.1-14 and 21-28.11-12.1. To the extent that any Commission regulation conflicts with § 1.28 of this Part, the provisions of § 1.28 of this Part control.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.29 Access to Public Records

1.29.1Authority, Purpose, Policy and Limits

A.This section is promulgated in accordance with R.I. Gen. Laws §§ 38-2-3 and 21-28.11-5 to provide procedures for public record access, and in accordance with the Commission’s authority to delegate any administrative, procedural or operational matter to the Cannabis Office. R.I. Gen. Laws § 21-28.11-5(a)(31).

B.It is the policy of the Commission that all files and records of the Commission and the Cannabis Office that are required to be disclosed by state or federal law or otherwise ordered by a court of competent jurisdiction are available for public inspection and copying.

C.The Commission and/or the Cannabis Office shall not disclose files or records that are:

1.Prohibited from disclosure by any state or federal law, or

2.Otherwise prohibited by order of a court of competent jurisdiction.

D.Records that are not deemed public under R.I. Gen. Laws Chapter 38-2 shall not be disclosed by the Commission or the Cannabis Office without the express written approval of the Chairperson.

1.29.2Procedure for Requesting Public Records

A.A person requesting inspection or copying of public records shall contact the Commission by email, regular mail, telephone, in person or through the online form with the request. The Commission’s preferred method of communication is email but all other listed forms will be accepted. The request should indicate:

1.A complete description of the records sought in a manner that will permit their identification and location by Commission personnel; and

2.The method by which the requestor would like delivery of the response. Please include all information necessary for the Commission to make that communication to the requestor (e.g., email address or mailing address).

B.The procedure for requesting public records depends on the manner of the public record request. Please follow the directions on the Commission's website for the most current email, mailing address and telephone number.

C.The Commission will provide a form on its website as a template for information which would be sufficient to allow it to determine whether the records are available or to provide the records in the method selected by the requestor. This form is provided for convenience but is not required to make a public records request.

D.Within ten (10) business days of the request the Commission will respond in the mode requested by the requestor, or, if no manner is specified by the mode in which the request was received, with one or more of the following:

1.That the requestor should contact the Commission to schedule an appointment to inspect the records;

2.A copy of the documents requested;

3.A response that the documents do not exist or are not within the custody or control of the Commission or Cannabis Office;

4.A response that the documents are not “public records” as defined by R.I. Gen. Laws § 38-2-2 and a description of the procedures for appealing that denial;

5.A response that the description of records sought in the request is not sufficient to allow the Commission to identify and locate the requested records;

6.A response that the documents are being produced in a redacted fashion in accordance with R.I. Gen. Laws § 38-2-2; or

7.A response that the records will be produced upon receipt of payment for an amount calculated in accordance with R.I. Gen. Laws §§ 38-2-3(k) and 38-2-4. The estimated amount owed will be set forth and the records will be produced after payment is received.

E.Should it appear that the request cannot be honored within ten (10) business days, the Commission will provide a response indicating that additional time is needed and specify the reason for the additional time, which may be up to an additional twenty (20) business days.

1.29.3APRA Fees

A.The Cannabis Office may charge a fee for copying and/or search and retrieval of requested documents consistent with applicable state law.

B.All persons requesting delivery of records shall be responsible for the actual cost of delivery.

C.All payments for copies of records shall be paid in advance of delivery, or, at the option of the Commission, at such later time as the Commission may specify. All checks shall be payable to the State of Rhode Island, General Treasurer.

1.29.4Subpoenas

A.Subpoenas issued pursuant to the rules of any Court will be addressed in accordance with those rules. Section 1.29 of this Part does not apply to such subpoenas.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.30 Petitions for Declaratory Order

A.Pursuant to R.I. Gen. Laws § 42-35-8, a person may petition the Commission for a declaratory order.

B.A request for a declaratory order must be submitted in writing (electronically or in hard copy) to the Commission’s current mailing address or email address listed on its website and must include the following information:

1.The name and address of the petitioner;

2.A plain statement identifying the statute, rule, guidance document, or order at issue;

3.A detailed statement of all facts relied upon by the petitioner;

4.A copy of any and all documents relied upon by petitioner that are not otherwise accessible to the Commission; and

5.A plain statement requesting a declaratory order, and further indicating whether the petitioner seeks:

a.An interpretation or application of a statute administered by the Commission;

b.Clarification as to whether a rule, guidance document, or order issued by the Commission applies to petitioner; and/or

c.Clarification as to how a rule, guidance document, or order issued by the Commission applies to petitioner.

C.The Commission shall consider the petition and respond to the request as provided by R.I. Gen. Laws § 42-35-8(c).

D.The Commission may, at its discretion:

1.Hold a hearing for further consideration and discussion on the petition; or

2.Request further information or documents from the petitioner necessary for the full evaluation of their petition.

E.A petitioner may appeal the Commission’s final disposition of the request for declaratory order as provided in R.I. Gen. Laws § 42-35-15.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.31 Petitions for Promulgation of a Rule or Regulation

A.Pursuant to R.I. Gen. Laws § 42-35-6, any person may petition the Commission requesting the promulgation (adoption, amendment or repeal) any rule or regulation.

B.A request to promulgate a rule must be submitted in writing (electronically or in hard copy) to the Commission’s current mailing address or email address listed on its website and include the following information:

1.The name and address of the petitioner;

2.Identification of the rule to be adopted, amended or repealed;

3.A detailed statement of all facts relied upon by the petitioner; and

4.A plain statement indicating whether petitioner seeks a new rule or the amendment or repeal of an existing rule.

a.In the case of a request for the repeal of an existing rule, the petitioner shall identify the rule by title and/or RICR citation.

b.In the case of a request for an amendment to an existing rule, the petitioner must identify with specificity any proposed additions, deletions, or other amendments. New proposed language must be clearly marked using underline formatting for proposed insertions, and strikethrough formatting for proposed deletions.

C.All petitions shall be considered by the Commission. Within thirty (30) days of the submission of a petition the Commission shall, in its sole discretion, take one the following actions:

1.Deny the petition in writing and state its reasons for the denial;

2.Request further information or documents from the petitioner necessary for the full evaluation of the petition;

3.Hold a hearing for further consideration and discussion on the petition; or

4.Initiate rulemaking.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-05-1 § 1.32 Severability

A.If any section, term, or provision of these regulations should be adjudged invalid for any reason, that judgment should not effect, impair, or invalidate any remaining section, term, or provision, which shall remain in full force and effect.

History

• Adoption — effective from 2025-05-01 to current

Subchapter 10 Regulation of Cannabis Establishments

560-RICR-10-10-1 Cannabis Establishment Applications, Licensing and Renewals

560-RICR-10-10-1 § 1.1 Authority, Purpose and Scope

A.The Commission is authorized by R.I. Gen. Laws § 21-28.11-5(b) to promulgate regulations to establish and oversee the licensing of cannabis establishments.

B.The purpose of this Part is to set forth licensing procedures and requirements for cannabis establishment licensees in accordance with the Cannabis Act and the Medical Marijuana Act.

C.The Commission is authorized to assume all powers, duties, and responsibilities previously held by the Department of Business Regulation and its Office of Cannabis Regulation with respect to the regulation, administration and enforcement of the provisions of the Medical Marijuana Act. R.I. Gen. Laws § 21-28.11-10.1.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-10-1 § 1.2 Definitions

A.In addition to the terms defined in R.I. Gen. Laws §§ 21-28.11-3, 21-28.6-3, and all the Parts in this Chapter, for this Part the following terms shall have the following meanings:

1.“Agent” means a person associated with a cannabis establishment pursuant to a contractual agreement who is not a key person, investor or employee of the cannabis establishment.

2.“Applicant” means as defined in R.I. Gen. Laws § 21-28.11-3(3), and in instances where an “applicant” is a business entity, the term may refer to either the entity itself or the owners of said entity in either their individual or a collective capacity as specified by the Commission.

3."Approved social equity applicant" means a social equity applicant as defined in R.I. Gen. Laws § 21-28.11-3(39) who has submitted a social equity status certification application to the Commission and following review and certification of said application has been approved as a social equity applicant.

4.“Commercial cannabis establishment identification card”, “Commercial identification card”, “Commercial card”, “License identification document”, “Registry identification document”, or “Certification document” means the identification document issued to a person registered with the Commission as an interest holder, key person, employee, volunteer, or agent of a licensed cannabis establishment.

5.“Commercial cannabis cardholder” or “Commercial cardholder” means a person registered with the Commission as an interest holder, employee, volunteer or agent of a cannabis establishment.

6.“Compliance officer” means an employee of a cannabis establishment who is responsible for ensuring that all key persons, employees and volunteers of the cannabis establishment adhere to and comply with all laws, regulations and requirements of licensure.

7.“Department of Public Safety” or “RISP” means the Rhode Island Department of Public Safety, Division of State Police, or its successor agency.

8.“Economic empowerment” as used in § 1.11 of this Part means the process through which individuals foster economic development and make decisions that affect their financial self-sufficiency by being provided access to financial education, employment opportunities, financial services, and other resources that directly support economic growth and professional success.

9."Four hundred percent (400%) of the median income” as used in § 1.11 of this Part means four (4) times the median income of the U.S. census tract where the applicant’s primary place of business was located, as reported by the U.S. Census Bureau, based on the year that work was performed and the income was earned.

10.“Full-time employee” as used in § 1.11 of this Part means an individual employee for whom a W-2 is issued by the applicant, and who is a wage earing employee for a time period of at least thirty-five (35) hours per week for at least six (6) full months.

11.“Immediate family member” as used in R.I. Gen. Laws § 21-28.11-11(b)(6) and as applicable to cannabis testing laboratories in § 1.13 of this Part, means any person who is related, whether by blood, marriage or adoption, as any of the following: spouse, father, step-father, father-in-law, mother, step-mother, mother-in-law, son, step-son, son-in-law, daughter, step-daughter, daughter-in-law, brother, step-brother, brother-in-law, sister, step-sister, sister-in-law, grandfather, step-grandfather, grandfather-in-law, grandmother, step-grandmother, grandmother-in-law, grandson, step-grandson, grandson-in-law, granddaughter, step-granddaughter, granddaughter-in-law, uncle, step-uncle, uncle-in-law, aunt, step-aunt, aunt-in-law, niece, step-niece, niece-in-law, nephew, step-nephew, nephew-in-law, first cousin, step-first cousin and first-cousin-in-law.

12.“Interest holder” or “Key person” means with respect to an applicant, provisional licensee, licensee or licensed cannabis establishment, the following persons or entities:

a.All persons and/or entities with any ownership interest, whether direct or indirect, with respect to the applicant/licensee, including parent companies if the applicant licensee is a subsidiary of another entity, and

b.All officers, directors, members, managers or agents of the applicant/licensee, and any other entities described in § 1.2(A)(12)(a) of this Part, and

c.All persons or entities with managing or operational control with respect to the applicant/licensee, its operation, any other entities described in §§ 1.2(A)(12)(a) and (b) of this Part, the license and/or licensed facilities whether they have an ownership interest or not, and

d.All investors or other persons or entities with any financial interest with respect to the applicant/licensee, any other entities described in §§ 1.2(A)(12)(a), (b) and (c) of this Part, its operations, the license, and/or licensed facilities, whether they have ownership interest or not, and

e.All persons or entities that hold interest(s) arising under shared management companies, management agreements, or other agreements that afford third-party management or operational control with respect to the applicant/licensee, its operations, the license and/or the licensed facilities, and

f.To the extent that any interest holder is an entity (corporation, partnership, LLC, etc.), all interest holders in that entity and all interest holders therein down to the individual person level.

13.“Material financial interest or control” means:

a.Any ownership interest, regardless of the size of the holding, and including any ownership interest through a subsidiary or affiliate;

b.Trusteeship, mortgage, guarantor, endorser or surety relationship, or loan relationship, except that loan relationship for the purposes of this definition shall exclude accounts payable and accounts receivable on account of a cannabis or cannabis product purchase order;

c.Any other beneficial financial interest as determined by the Commission such that the holder bears the risk of loss (other than as an insurer) or has an opportunity to gain profit from the operation or sale of the regulated cannabis establishment; and/or

d.Managerial or operational control, including but not limited to interlocking directors or officers or through a management agreement.

14."Public company" means a corporate entity that is listed and whose ownership is comprised of shares of stock which are traded on a major stock exchange registered with the Securities and Exchange Commission or comparable foreign securities regulator.

15.“Related party transactions” means and includes, but is not limited to, transactions between and/or among:

a.An applicant, provisional licensee or licensee and its principal owners, management, key persons and/or parent, affiliates, or any immediate family member thereof as defined in § 1.2(A)(11) of this Part;

b.Parties with which the entity/applicant/licensee may deal if one party controls or can materially influence the management or operating policies of the other to an extent that one of the transacting parties might be prevented from fully pursuing its own separate interests; or

c.Other parties that can materially influence the management or operating policies of the transacting parties or that have an ownership interest in one of the transacting parties and can materially influence the other to an extent that one or more of the transacting parties might be prevented from fully pursuing its own separate interests.

16.“Resource” as used in § 1.12 of this Part means any and all forms of financial, technical, and operational assistance that a resource applicant may request and receive in accordance with R.I. Gen. Laws § 21-11-31(b), including but not limited to technical assistance, grants, and fee waivers.

17.“Resource applicant” as used in § 1.12 of this Part means any person who submits an application for resources from the Social Equity Assistance Program and Fund, including but not limited to approved social equity applicants.

18.“Vertically integrated compassion center” means a compassion center or hybrid cannabis retailer that is licensed to cultivate, process, manufacture and conduct retail sales of medical and/or adult use cannabis.

19.“Volunteer” is a registration that only applies to compassion centers and hybrid cannabis retailers and shall be limited to persons whose volunteer activities and use of compassion center or hybrid cannabis retailer resources is strictly limited to participation in educational programming conducted for commercial cardholders and registered qualifying patients, primary caregivers, and authorized purchasers. Volunteers shall not be permitted to be otherwise involved in the growth, cultivation, weighing, packaging or labeling, manufacturing, processing, dispensing or sale of cannabis.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-10-1 § 1.3 General Requirements for all Cannabis Establishment Licensees

A.Applications for cannabis establishment licenses are subject to all requirements for the specific license type set forth in the Cannabis Act and/or the Medical Marijuana Act, the general requirements set forth in § 1.3 of this Part, and the specific section of this Part that applies to the license type.

B.Commissioners, employees of the Commission, employees of the Office of Cannabis Regulation, and employees of the Cannabis Office are prohibited from applying for or having any ownership interest in or being an interest holder of any of the licenses issued by the Commission. Members of the Cannabis Advisory Board are prohibited from applying for or holding an interest in any new license, not held at the time of their appointment to the Board, while serving on the Board. All Commissioners, board members and employees must comply with the Code of Ethics, R.I. Gen. Laws Chapter 36-14 and all regulations promulgated thereunder. All former Commissioners, former members of the Cannabis Advisory Board, and former employees who apply for a license issued by the Commission must provide to the Commission an advisory opinion issued by the Rhode Island Ethics Commission.

C.Any cannabis establishment licensee, and any key person thereof, who has had a cannabis establishment license revoked by the Commission or DBR shall not be eligible to apply for or hold a cannabis establishment license issued by the Commission.

1.3.1Application Requirements for Cannabis Establishment Licensees

A.Each application for a cannabis establishment license shall be on such forms and through such submission mechanisms as designated by the Commission and shall include, but not be limited to, the following:

1.The applicant’s legal and any d/b/a name(s), certificate of incorporation or organization in Rhode Island or certificate of authority to transact business in Rhode Island, articles of incorporation or organization, bylaws or operating agreement and corporation organization chart.

2.A business plan, which includes justifications for any assumptions or calculations made therein regarding the following:

a.Applicant’s experience running a business, including the applicant’s experience running a cannabis business, as applicable;

b.Detailed description of amount and source of equity, debt and operating capital for the proposed cannabis establishment, including financial statements or other documentation establishing the source of any funds;

c.Start-up funding and long-term financial feasibility plan;

d.Financial oversight and compliance plan; and

e.Detailed timeline for initiating operations.

3.A Security and Safety Plan that specifies how the applicant will ensure security and safety at the licensed premises, including but not limited to:

a.Description of security equipment, hardware capabilities, software applications and compliance with industry and Commission standards and specifications;

b.Third-party vendors;

c.Standard operating procedures for the cannabis establishment, including those related to security system equipment, maintenance and operational practices;

d.Descriptions of cash management and/or electronic payment processing policies, as applicable; and

e.Plan to obtain a secured deposit banking account prior to the beginning of licensed activities.

4.An Operations Manual for the cannabis establishment including policies, procedures and documentation for the following:

a.Record keeping and records retention;

b.Qualifications for sale, including ID verification procedures (if applicable);

c.Staffing plan, including education and training of employees and volunteers;

d.Inventory tracking plan;

e.Data security plan;

f.Alcohol and drug free workplace;

g.Labeling and packaging;

h.Marketing and advertising plan;

i.Product storage plan;

j.Voluntary and mandatory recalls of cannabis and cannabis products, including recalls due to any action initiated at the request or order of the Commission, and any voluntary action by a licensed cannabis establishment to remove defective or potentially defective cannabis or cannabis products from the market, as well as any action undertaken to promote public health and safety;

k.Plan to ensure any outdated, damaged, deteriorated, mislabeled, or contaminated cannabis is quarantined from other cannabis and destroyed;

l.Odor control plan;

m.Community safety plan; and

n.Emergency management plan.

5.Regarding the proposed physical location of the cannabis establishment, the applicant shall submit:

a.The proposed physical location of the cannabis establishment by plat and lot number, street address and mailing address.

b.Evidence of full compliance of the facility with the local zoning laws in the form of a certificate or letter from an authorized zoning official of the municipality confirming zoning compliance and receipt of all required final zoning approvals and certification by an authorized officer of the applicant as to compliance with any other applicable local ordinances.

c.For cannabis establishment licensees licensed pursuant to the Cannabis Act (see §§ 1.4 through 1.7):

(1)Evidence that the physical location is not located within five hundred feet (500’) of the property line of a preexisting public or private school in compliance with R.I. Gen. Laws § 21-28.11-17.1.

(A)For the purposes of this section, “private school” shall be deemed to refer to any nonpublic institution of elementary or secondary (K-12th Grade) education, accredited or recognized as a private school by the department of elementary and secondary education or the school committee of the city or town having jurisdiction over private schools.

(B)For purposes of this section, the five hundred foot (500’) distance shall be measured from the secured cannabis establishment premises, which shall include allotted outdoor areas (such as parking and loading areas), to the property line of the school, which shall include the school building, land, and appurtenances.

d.For cannabis establishment licensees licensed pursuant to the Medical Marijuana Act, the requirements are listed within each license type in §§ 1.8 and 1.10.

e.A draft floor plan of the proposed cannabis establishment, including but not limited to where within the establishment: the cannabis will be stored, dispensed, cultivated, manufactured, processed and packaged (if applicable); what activities occur in each room; where security alarms and cameras and surveillance recording storage will be located; identify all client access areas, limited access areas, client parking capacity and access for persons with disabilities in accordance with applicable law; and showing the location of the facility relative to streets and other public areas.

f.A description of objective parameters (such as distances from streets and public areas) and/or proposed measures (such as black-out window shades) that ensure that cannabis and cannabis products at the premises shall not be visible from the street or other public areas.

g.Documents evidencing either ownership of property or lease agreement with owner of property to allow the operation of a cannabis establishment on the property.

6.A disclosure and certification as to owners and other key persons/interest holders and including certifications, disclosures and information regarding:

a.All persons and entities with ownership interests;

b.All officers, directors, members, managers and agents;

c.All persons or entities with managing or operational control;

d.All investors or other persons or entities with any financial interest;

e.All persons or entities with interests arising under management companies or agreements or other agreements that afford third-party managerial or operational control;

f.If the cannabis establishment premises and/or other operational assets will be owned or leased by a person or entity other than the applicant, the legal name and current address of such person or entity and a list of all persons or entities (legal names and current addresses) having any ownership or financial interest in such entity, whether direct or indirect; and

g.The legal names and current addresses of all creditors that will loan money to, finance and/or hold a security interest in the cannabis establishment and/or other assets to be used in the cannabis establishment operations, if any.

7.If any key person/interest holder identified in § 1.3.1(A)(6) of this Part has a material financial interest or control in another cannabis establishment that is in conflict with any provision the Cannabis Act, the Medical Marijuana Act and/or these regulations as determined by the Commission, that key person/interest holder must disclose that interest in the application and include a plan of divesture in accordance with § 1.3.2 of this Part.

8.If the cannabis establishment will have a management agreement in place, it shall also include a copy of the management agreement or management agreement proposal and a list of persons who have any ownership or financial interest in or operational or managerial control over the management company.

9.An organization chart, and schedule of compensation/remuneration.

10.The name and personal information of the individual who will serve as compliance officer.

11.Identification of any other licenses for which the applicant’s owners and other key persons/interest holders of the applicant are also owners or key persons/interest holders and any disciplinary actions levied against such licenses, including:

a.Disclosure and description of any licenses or registrations ever held by the applicant and/or interest holders/key persons thereof in any state, municipality, county, province, district, country or territory’s cannabis and/or medical marijuana program; and

b.A disclosure, description and copies of any withdrawals, denials, suspensions, revocations, consent orders/agreements and/or other enforcement or regulatory actions as to the applicant and/or interest holders/key persons thereof by any state, municipality, county, province, district, country or territory’s in connection with the matters disclosed in § 1.3.1(A)(11)(a) of this Part or any other licensed or unlicensed cannabis related activity.

12.An affidavit of compliance with filing all required tax returns and paying all taxes due to the State of Rhode Island in accordance with R.I. Gen. Laws Chapter 5-76.

13.All other information required by the Commission as described in the application form.

1.3.2Disclosure and Divestiture of Prohibited Financial Interests and Relationships

A.Prohibited Financial Interests and Relationships

1.All cannabis establishment licensees shall comply with the requirements in the Cannabis Act, the Medical Marijuana Act and this Part applicable to the license type.

2.All cannabis establishment licensees shall comply with the requirements in R.I. Gen. Laws § 21-28.11-19, entitled “Multiple licenses restricted.”

a.In accordance with R.I. Gen. Laws § 21-28.11-19(d), one person may invest in multiple licensed cannabis establishments provided that:

(1)The person is not a majority owner in more than one (1) cannabis cultivator, cannabis product manufacturer, cannabis retailer, or compassion center; and

(2)The investment does not qualify the person as a controlling person in more than one (1) cannabis establishment; and

(3)A group of investors, when their individual investments are taken together, do not collectively have ownership and control of more than one cannabis establishment.

b.Compassion center licensees shall also comply with the ownership and divestiture rules set forth in the Medical Marijuana Act, R.I. Gen. Laws § 21-28.6-12(d)(5)(v) and in § 1.8 of this Part.

3.All cannabis establishment licensees shall comply with the requirements in R.I. Gen. Laws § 21-28.11-11(b)(6) regarding interests and affiliations in and with any cannabis testing laboratory.

4.Pursuant to § 5-1.4 of this Chapter, the Commission may review and audit the books and records of licensees to ascertain compliance with the Cannabis Act, the Medical Marijuana Act, and these regulations. Any licensee which has or whose commercial cardholders have prohibited financial interests and/or relationships in violation of the Cannabis Act, Medical Marijuana Act and/or this Part may be subject to enforcement proceedings including revocation of licensure by the Commission.

B.Disclosure of Prohibited Financial Interests and Relationships

1.All applicants for a cannabis establishment license shall disclose any prohibited financial interests or relationships to the Commission in the application.

2.All applicants, provisional licensees and cannabis establishment licensees have a continuing duty to comply with this section and promptly disclose any proposed changes to the Commission in accordance with § 1.3.2 of this Part.

C.Divestiture of Prohibited Financial Interests and Relationships

1.Once a cannabis establishment license application is approved, and at any time thereafter, any prohibited financial interest or relationship identified by the Commission or otherwise known to the applicant or licensee, such interest or control must be divested prior to issuance of the cannabis establishment license.

2.The plan of divestiture and documents evidencing completion of plan shall be filed with the Commission. In the event an applicant or licensee failed to disclose a prohibited financial interest or relationship, the applicant/licensee must demonstrate to the Commission why the application should not be denied, or the license revoked for failure to disclose this prohibited interest.

3.Failure to comply with the requirements in § 1.3.2 of this Part may result in the initiation of an enforcement action pursuant to Subchapter 5 Part 1 of this Chapter.

D.Disclosure Requirements Regarding Public Company Interest Holders in Cannabis Establishment Licenses

1.Any public company that is an interest holder with respect to a cannabis establishment applicant or licensee, the applicant/licensee can satisfy the application and continuing disclosure requirements as to such public company interest holder by disclosing:

a.All directors and officers of such public company;

b.All public company officers, employees and agents who will have direct managerial or operational control with respect to the cannabis establishment; and

c.With respect to public company shareholders, all persons and/or entities that hold shares in the public company in an amount equal to or greater than the minimum ownership disclosure threshold required by the stock exchange(s) on which the public company is listed and its shares are traded.

2.The divestiture requirements as to financial interests and/or control that a public company interest holder has with respect to a cannabis establishment licensee shall be based upon the interest holder disclosures made by the cannabis establishment applicant/licensee in compliance with this Part.

3.With respect to a public company interest holder, registry identification cards and national criminal background checks will be required for those persons identified in § 1.3.2(D)(1)(b) of this Part.

1.3.3Variance Requests for Changes in Approved Applications, Licensed Premises, Activities, Ownership and Control

A.Requirements and Limitations

1.A qualified application, provisional license or license shall not be assigned, sold or otherwise transferred to other persons or locations without prior approval of the Commission.

2.All applicants, provisional licensees and licensees at all times have a continuing obligation to update, amend and/or correct any information requested and/or submitted to the Commission from the time of application throughout the time of licensure.

3.All applicants, provisional licensees and licensees must seek pre-approval from the Commission by means of requesting a variance for all material changes to the submitted and/or approved application or any materials, operations or plans approved thereafter by the Commission. The Commission may deny the variance request if it determines that such variance will cause harm to public health and safety or cause the applicant, provisional licensee or licensee to be in violation of the Medical Marijuana Act, the Cannabis Act or any regulations promulgated thereunder, or otherwise would have caused the applicant, provisional licensee or licensee to not have qualified for licensure originally.

4.An applicant, provisional licensee or licensee shall submit to the Commission a request for a variance for any proposed change described below at least sixty (60) calendar days prior to the proposed effective date of the change:

a.Proposed change in ownership of the proposed or licensed cannabis establishment, provided however that no variance which affects a majority change in ownership, control, financial interest and/or compensation/remuneration of a cannabis establishment will be approved in the first year of licensed activities, except upon the Commission’s determination that public health, safety, welfare or other grounds requires such variance;

b.Proposed change in the ownership structure, makeup or membership of an approved social equity applicant, provided however that no variance will be approved in the first year of licensed activities, except upon the Commission’s determination that public health, safety, welfare or other grounds requires such variance;

c.Proposed change in the membership of a board of directors or board of trustees;

d.Proposed change in corporate officer;

e.Proposed merger, dissolution, entity conversion or amendment of corporate organization;

f.Proposed entering into a management agreement, changing management companies, and/or material changes to an existing management agreement;

g.Proposed changes to the approved premises or location;

h.Proposed changes in the interest holder/key person disclosure and certification or certification of nonprofit compliance, including but not limited to investors and financiers, and anyone else required to be disclosed in those forms;

i.Proposed changes to approved premises floor plan:

(1)The cannabis establishment must include in its variance request a renovation plan that specifically addresses quality control procedures for the protection of cannabis and cannabis products from any contamination during the construction process and further address any other criteria the Commission requires;

j.Proposed expansion/modification of the premises, including expanding or modifying the scope or scale of approved and/or licensed activity:

(1)Any request to expand or modify the premises, scope or scale of approved and/or licensed activity further requires that the request to expand be justified by the projected production demands as determined by the Commission. R.I. Gen. Laws § 21-28.11-5(a)(3).

(2)Any requests to increase the cannabis establishment’s canopy as defined by R.I. Gen Law 21-28.11-7(e), must be preapproved by the Commission.

(3)A licensed cannabis cultivator may request to decrease canopy or facility size and subsequently change to a lower license class and pay a lower fee upon their next renewal.

k.Proposed changes to operations, including but not limited to implementation or modification of curbside pick-up, home delivery, or manufacturing plans and/or processes;

l.Proposed changes to security and safety plans, operations manual and business plans;

m.Proposed plans to discontinue operations on a reasonable and temporary basis as determined and approved by the Commission. The license shall be void and returned to the Commission if the cannabis establishment discontinues its operation without Commission approval; and

n.Any other changes requiring a variance as determined by the Commission.

5.An applicant, provisional licensee or licensee shall submit to the Commission a request for a variance for any change of status of cannabis applications, licensure, disciplinary or enforcement activity in other jurisdictions within five (5) days.

6.All variance requests must be submitted on such forms and through such submission methods as determined by the Commission.

7.As to any proposed change of ownership or to a management agreement that will affect a change of majority control and/or decision-making authority with respect to the operation of a cannabis establishment or as to any proposed change in an approved premises location for the cultivation, manufacture, processing and/or sale of cannabis, the Commission may require the applicant, provisional licensee or licensee to submit a new application, which may include a new application fee, application process and/or hearing.

8.Unless the applicant, provisional licensee or licensee provides timely notice of the above changes and receives a variance issued by the Commission, the application or license shall be void and returned to the Commission.

9.Change in contact information:

a.The licensed cannabis establishment shall notify the Commission within ten (10) days of any changes in the licensee’s mailing addresses, email addresses, phone numbers, or any other changes in contact information reported on the most recent initial/renewal application. Note that a change in business address/location is subject to the pre-approval variance requirements in § 1.3.3(A)(4) of this Part.

1.3.4Geographic Zones

A.During open application periods the Commission will accept applications for certain types of cannabis establishment licenses issued under this Part in accordance with the geographic zones established in R.I. Gen. Laws § 21-28.11-10.3.

B.During the initial open application period for cannabis retail licenses issued by the Commission, there will be four (4) cannabis retail licenses available in each zone, which will be allocated between the retail license types in §§ 1.4, 1.5 and 1.6 in accordance with R.I. Gen. Laws § 21-28.11-10.2(a).

C.During any subsequent open application period the Commission may limit the number of available retail cannabis establishment licenses per zone.

D.The Commission will not accept applications or issue licenses for cannabis retail establishments in any city or town that has declined by referendum to allow cannabis establishments within their municipal borders. R.I. Gen. Laws § 21-28.11-15.

E.The retail cannabis license types in §§ 1.4, 1.5 and 1.6 of this Part will be issued by geographic zone.

1.An applicant who applies for any retail cannabis license may only submit one application per geographic zone. R.I. Gen. Laws § 21-28.11-10.3.

2.A person or entity cannot be an interest holder with respect to more than one applicant or application per zone irrespective of license type.

3.An applicant may apply for a license in more than one zone provided, however, that if the applicant is selected for a license in more than one zone, the applicant must select a single zone in which the applicant will proceed with licensing in accordance with the instructions set forth in §§ 1.4, 1.5 and 1.6 of this Part. Another qualified applicant will then be selected for licensure in the zone or zones which were not selected.

4.Applicants who apply for licensure in more than one zone must submit a separate application and separate application fee for each zone applied to and identify in each application all the applications it has submitted and in which zones.

1.3.5Commercial Cannabis Establishment Identification Cards

A.Pursuant to R.I. Gen. Laws §§ 21-28.11-5(b)(8), 21-28.11-7, 21-28.11-9, 21-28.11-10.2, 21-28.11-11, 21-28.6-12(c)(6) and 21-28.6-16(b) all on site interest holders, key persons, managers, employees, agents, and volunteers of a licensed cannabis establishment shall apply for a commercial cannabis establishment identification card. Interest holders who are present at the licensed premises less than five (5) times per year are exempt from this requirement.

1.All persons applying for a commercial identification card shall be at least twenty-one (21) years old at the time of application.

B.Application Requirements

1.Every person applying for a commercial identification card shall submit:

a.A complete application on such forms and through such submission mechanisms as directed by the Commission; and

b.The non-returnable, non-refundable annual fee of one hundred dollars ($100.00) for each initial application and subsequent annual renewal.

c.The Commission, in its sole discretion, may waive commercial cannabis identification card application fees for approved social equity applicants in accordance with § 1.12 of this Part.

2.Upon the receipt of a complete application or renewal for a commercial identification card the Commission shall verify the information contained in the application or renewal and shall approve or deny the application in accordance with the Cannabis Act, the Medical Marijuana Act and these regulations.

3.The Commission may deny an application or renewal if:

a.The person applying did not provide the information required pursuant to the Cannabis Act, the Medical Marijuana Act or these regulations;

b.The Commission has good cause to believe that the information provided was falsified;

c.The applicant has violated the Cannabis Act, the Medical Marijuana Act or these regulations under their previous card registration;

d.The person applying has otherwise failed to satisfy the application or renewal requirements.

C.Issuance of the Commercial Cannabis Establishment Identification Card

1.Once a cannabis establishment license is approved by the Commission, the licensed cannabis establishment is responsible for ensuring all required individuals receive and are in possession of the issued commercial identification card prior to commencing work and/or operations.

2.The commercial identification card shall contain:

a.The name of the person;

b.The legal name of the licensed entity that the individual is affiliated with;

c.The date of issuance and expiration date of the commercial identification card;

d.A random card identification number;

e.A photograph; and

f.Any additional information as required by the Commission.

3.Once received, the validly issued commercial identification card must be worn by the cardholder at all times while at the licensed facility.

4.Commercial identification cards shall not be transferable to another person or cardholder.

5.Employees may commence work once the licensing portal shows that the commercial identification card has been issued even if the physical card has not yet been received by the employee.

D.Expiration and Renewal of the Commercial Identification Card

1.Commercial identification cards shall expire one year after issuance.

2.Renewal applications shall be on such forms and through such submission mechanisms as directed by the Commission.

3.Renewal applications must be received by the Commission prior to the expiration of any existing commercial identification card.

4.Any renewal of a commercial identification card shall be subject to the same provisions and requirements covering issuance and denial of the card as originally issued.

5.It is the responsibility of the licensee to maintain accurate records regarding commercial identification card expiration dates. Failure to renew a commercial card prior to the expiration date may result in revocation of the card or enforcement action pursuant to Subchapter 5 Part 1 of this Chapter.

E.Required Updates to the Commission

1.Name and Address: A commercial cardholder shall notify the Commission of any change in their name, email or mailing address within ten (10) business days of such change.

a.Changes in name require the cardholder to remit a ten-dollar ($10.00) fee to the Commission.

b.Upon receipt of the notice and fee, the Commission will issue an updated commercial cannabis identification card.

c.A cardholder who fails to notify the Commission of any of these changes may be subject to a fine up to one hundred fifty dollars ($150). R.I. Gen. Laws §§ 21-28.11-7(m)(1), 21-28.11-9(h)(1), 21-28.11-10.2(f)(1), and 21-28.11-11(g)(1).

2.Lost/Stolen Cards: If a cardholder loses their commercial identification card, the cardholder shall notify the Commission and submit a ten-dollar ($10.00) fee within ten (10) business days of losing the commercial card.

a.Upon receipt of the notice and fee, the Commission will issue a replacement commercial identification card.

F.Termination of a Commercial Cannabis Card

1.If a cardholder violates any provisions of the Cannabis Act, the Medical Marijuana Act, these regulations or the DOH Medical Marijuana regulations, the Commission may suspend or revoke the commercial identification card, and may impose a $150 administrative penalty in accordance with Subchapter 5 Part 1 of this Chapter and R.I. Gen. Laws §§ 21-28.11-18(a)(1)(i).

2.When a commercial cannabis cardholder ceases work with a licensed cannabis establishment, whether voluntarily, involuntarily, or upon the licensed cannabis establishment closing, their commercial card shall be null and void. The licensed cannabis establishment and the cardholder shall notify the Commission and the commercial identification card shall be returned to the Commission within ten (10) days. No hearing shall be necessary to render the card null and void in this situation. R.I. Gen. Laws § 21-8.11-18(a)(1)(i).

1.3.6Criminal Background Checks

A.In accordance with R.I. Gen. Laws § 21-28.11-12.1, as a condition of initial licensure certain key persons of cannabis establishments and primary caregivers are required to obtain a criminal background check in accordance with the Cannabis Act and/or the Medical Marijuana Act.

B.The specific requirements applicable to different key persons, cardholders and licensees can be found in the Cannabis Act and/or the Medical Marijuana Act as follows:

1.Compassion centers and hybrid cannabis retailers, R.I. Gen. Laws § 21-28.6-12(c)(7);

2.Licensed cannabis cultivators originally licensed by DBR pursuant to the Medical Marijuana Act, R.I. Gen. Laws § 21-28.6-16(k);

3.Primary caregivers, R.I. Gen. Laws § 21-28.6-6(g);

4.Any and all new licenses created by the Cannabis Act, R.I. Gen. Laws § 21-28.11-12.1, including but not limited to:

a.Cannabis retailers, § 1.4,

b.Social equity cannabis retailers, § 1.5,

c.Workers’ cooperative cannabis retailers, § 1.6,

d.Cannabis product manufacturers, § 1.7, and

e.Licensed adult-use only cannabis cultivators, § 1.10.

C.All individuals required to obtain a criminal background check shall apply to the Rhode Island State Police, the Rhode Island Department of Attorney General, or local police department for a national criminal identification records check that shall include fingerprints submitted to the Federal Bureau of Investigation. R.I. Gen. Laws §§ 21-28.11-12.1(a), 21-28.6-6(g)(1), 21-28.6-12(c)(7)(i) and 21-28.6-16(k).

D.All individuals required to obtain a criminal background check have a duty to truthfully and fully disclose all prior criminal convictions to the Commission, any information the Commission requests related to said convictions, and any change(s) to the information supplied on the application. R.I. Gen. Laws § 21-28.11-12.1(b).

E.Applicants and licensees shall be responsible for any expense associated with the national criminal background check with fingerprints. R.I. Gen. Laws §§ 21-28.11-12.1(a), 21-28.6-12(c)(7)(iii), 21-28.6-6(g)(6) and 21-28.6-16(k)(3).

F.Presumptively disqualifying crimes for any and all new licenses created by the Cannabis Act shall include the conviction of or pleading guilty or nolo contendere to any felony charge or crime of (including conspiracy and/or attempt to commit) an act constituting a crime of forgery, embezzlement, obtaining money under false pretenses, misappropriation, bribery, larceny, extortion, fraud, false dealing, conspiracy to defraud, obstruction of justice, perjury, false swearing, or any other similar offense, adjudicated in a court of competent jurisdiction of this state, any other state, and/or of the federal government.

G.In accordance with R.I. Gen. Laws § 21-28.11-12.1(f), the Commission will consider any potentially and/or presumptively disqualifying crimes in accordance with the Fair Chance Licensing Act, R.I. Gen. Laws § 28-5.1-14, and, as required by R.I. Gen. Laws § 28-5.1-14(e), will apply the Fair Chance analysis to all disqualifying crimes set forth in the Medical Marijuana Act.

H.Continuing Duty to Notify the Commission of Criminal Convictions

1.All applicants, licensees and key persons thereof that are subject to the background check requirement have a continuing duty to notify the Commission of any and all criminal convictions. R.I. Gen. Laws § 21-28.11-12.1(b). Such notification must be made to the Commission in writing within ten (10) business days.

2.The Commission may require an additional or updated criminal background check in accordance with the Cannabis Act, the Medical Marijuana Act, and/or § 1.3.6 of this Part as a condition of license renewal, in conjunction with a Commission investigation or enforcement action, and/or as may be specified by the Commission.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-10-1 § 1.4 Cannabis Retail Sales Application, Licensing and Renewals

A.R.I. Gen. Laws §§ 21-28.11-5 and 21-28.11-10.2 authorize the Commission to promulgate regulations for the licensing of adult use cannabis retailers.

B.Cannabis Retail Sales Application Period and License Application Timeline

1.Applications for cannabis retail sales licensure may only be submitted to the Commission for consideration during an open application period announced by the Commission. Open application periods will only be announced to issue the original twelve (12) licenses and, thereafter, to issue such licenses that may become available due to an expansion in the number of available licenses, the failure of a qualified applicant to be selected through the application process as described in § 1.4 of this Part, the failure of a selected applicant to satisfy licensing requirement(s) of the Cannabis Act or Commission regulations, or in the event of the revocation, relinquishment, or expiration without renewal of an existing cannabis retail sales license. R.I. Gen. Laws §§ 21-28.11-10.2 and 21-28.11-17(b).

C.Application for Cannabis Retail Sales License by Geographic Zone

1.An applicant who applies for a cannabis retail sales license may only submit one application per geographic zone specified in § 1.3.4 of this Part. R.I. Gen. Laws § 21-28.11-10.3.

D.The Commission will evaluate applications based upon the information provided by applicants on the application forms/submissions and otherwise obtained during the application process.

E.Application Fee

1.Each application for a cannabis retail sales license shall be accompanied by a non-refundable application fee of seven thousand five hundred dollars ($7,500). R.I. Gen. Laws § 21-28.11-10.2(b)(6).

F.Application Process for Cannabis Retail Sales License

1.Each application for a cannabis retail sales license shall be on such forms and through such submission mechanisms as designated by the Commission and shall include, but not be limited to, the information set forth in §§ 1.3.1, 1.3.2, 1.3.6, and 1.4 of this Part.

2.Only applications which the Commission has determined to be complete (i.e., which satisfy all applicable application requirements set forth in this Part) shall be eligible and accepted for further evaluation and review. Incomplete applications will be deficient and will not be considered further and the application fee will not be refunded.

G.Cannabis Retail Sales Application Review Criteria

1.The Commission shall review complete applications and information otherwise obtained during the application process utilizing the criteria specified in R.I. Gen. Laws §§ 21-28.11-10.2 and 21-28.11-17.1 of the Cannabis Act and §§ 1.3 & 1.4 of this Part in order to determine whether an application is qualified.

2.If an applicant seeking a cannabis retail sales license is notified that its application has been deemed “qualified” by the Commission, it shall be eligible for selection in accordance with § 1.4(H) of this Part.

3.In determining whether an applicant is “qualified,” the Commission shall consider whether such information adequately demonstrates an ability of the applicant to satisfy licensing requirements and compliance with the Cannabis Act and Commission regulations.

H.Application Selection Process

1.Once the Commission completes its review of all applications, the Commission will notify all qualified applicants and publicly announce the date, time, and manner of randomly selecting qualified applicants for approval in each available zone.

2.The Commission will publicly post the names of the qualified applicants for each zone. A random drawing to select the licensee(s) in each zone will be held in a manner that can be observed by the public. A duly authorized representative of all qualified applicants shall attend the random selection process in person. The authorized representative of any qualified applicant which has applied for a license in multiple zones must be present and prepared at the time of the drawing to select and commit to a single zone if the applicant is selected for more than one zone.

3.The Commission will select the permissible number of qualified applicants for the number of licenses available in each available zone. After the qualified applicant(s) have been selected for each available zone, any applicant selected for multiple zones must accept a single zone and reject the other zones. After each applicant, if any, which has been selected for multiple zones accepts a single zone and rejects all others, another applicant will be drawn and selected for any rejected zone(s). This process shall continue until there are separate and distinct qualified applicants selected for the licenses available in each available zone. Once a zone selection has been made, the decision is final and cannot thereafter be amended or altered. Any applicant selected for multiple zones who chooses which single zone they would like to be licensed in may not thereafter alter that decision or change zones at any time.

4.The selected applicants shall not change or alter their proposed location to another location within the same zone without prior Commission approval. A selected applicant may not relocate or change the proposed location outside of the zone for which they were selected.

5.The selected applicants shall be deemed approved provisionally, subject to satisfaction of all requirements for final licensure. If a selected applicant fails to satisfy all requirements for final licensure as set forth in § 1.4(I) of this Part, the Commission may repeat the selection process set forth in § 1.4(H) of this Part with any previously qualified applicants for the specified zone whose applications are complete and meet the licensing requirements of this Part. If more than two (2) years has elapsed since the original selection process set forth in in § 1.4(H)(3) of this Part, the Commission may announce a new application period as set forth in § 1.4(B)(1) of this Part.

6.If at the conclusion of the selection process there are any available zones which have not been awarded to, or selected by, a qualified applicant, and if there are no more qualified applicants for those zones to select from, the Commission may reopen the application period and accept applications for any unawarded or unchosen zones and repeat the application, review, and selection processes in accordance with § 1.4 of this Part.

I.Prerequisites to Issuance of Cannabis Retail Sales License and Commencement of Operations

1.Upon notification by the Commission, the provisionally approved applicant must take reasonable and documented efforts to complete the prerequisites for final issuance of the license. If satisfaction of all requirements for licensure takes longer than nine (9) months, the provisionally approved applicant must show substantial completion of licensing requirements and good cause to the Commission in the form of circumstances beyond the control of the provisionally approved applicant as to why additional time should be granted and the provisional approval should not be rescinded.

2.Once the final license has been issued by the Commission, the licensee must take reasonable and documented efforts to launch cannabis retail sales activities, which for purposes of this paragraph shall mean actual acquisition and dispensing of adult use cannabis pursuant to the Cannabis Act and Commission regulations. If commencement of such activities takes longer than three (3) months, the cannabis retailer licensee must show substantial completion of requirements and good cause to the Commission in the form of circumstances beyond the control of the licensee why the license should not be revoked for non-use.

3.Any cannabis retail sales applicant provisionally approved for licensure in accordance with § 1.4(H) of this Part must satisfy the below requirements before a final license authorizing operation of a cannabis retail sales establishment will be issued:

a.Annual License Fee: The annual license fee set by R.I. Gen. Laws § 21-28.11-10.2(b)(7) of thirty thousand dollars ($30,000) must be paid.

b.Final Information and Documentation to be Supplied - The provisionally approved applicant must provide any updates to previously submitted application information and the following additional items to the Commission:

(1)Unless already provided with the application, documents confirming ownership or executed lease agreement as to the cannabis establishment premises.

(2)A current certificate of occupancy (or equivalent document) to demonstrate compliance with the relevant provisions of R.I. Gen. Laws Chapters 23-28.1 and 23-27.3 [Fire Safety Code and State Building Code, respectively] for the cannabis establishment.

(3)Updated interest holder/key person disclosure pursuant to § 1.3.1(A)(6) of this Part.

(4)Evidence of completion of divestiture plan pursuant to § 1.3.2 of this Part.

(5)The provisional licensee must submit a request for and obtain a variance from the Commission in accordance with § 1.3.3 of this Part if there are any material deviations from the qualified application. The Commission may deny the variance in its sole and absolute discretion.

(6)Evidence that the provisionally approved applicant has acquired a cannabis seed-to-sale tracking system and all necessary equipment and software to implement tracking.

(7)An attestation by a bona fide labor organization stating that the applicant has entered into and will abide by the terms of a labor peace agreement in accordance with R.I. Gen. Laws § 21-28.11-12.2.

4.Submission of proposed activities or functions in an application by an applicant who is selected for a provisional license does not guarantee or authorize approval for that applicant to conduct all proposed activities or activities in the manner or method proposed.

5.Commission Pre-License Inspection

a.Before a final cannabis retailer license will be issued, a Commission inspection is required. Provisionally approved applicants should contact the Commission to coordinate said inspection. Nothing in this paragraph should be construed as limiting inspections at an earlier time in addition to the final pre-license inspection.

b.The provisional licensee may be required to make any Commission designated changes regarding the security or operations of the facility and its personnel prior to commencing licensed activities.

c.Nothing herein shall limit the Commission’s authority to require a provisionally approved applicant and/or licensee to implement additional security and safety recommendations from the Commission in the future.

6.Commercial Cannabis Identification Card Requirements

a.Before commencement of operations, all key persons, agents, employees, and volunteers of the cannabis retail sales licensee must apply for a commercial cannabis identification card in accordance with § 1.3.5 of this Part. All persons required to apply for a commercial cannabis identification card, except employees and volunteers, shall submit to a national criminal background check as provided in § 1.3.6 of this Part. Such individuals may be hired, appointed, or retained prior to receiving a commercial cannabis identification card, but may not begin operations or work in cannabis storage, packaging, transport, dispensing or other cannabis activities requiring licensure pursuant to the Cannabis Act and Commission regulations until receipt of the card.

J.Commission Post-License Inspection of Operations and Inventory

1.After the cannabis retail sales license is issued, the licensee shall apply to the Commission to source inventory in accordance with § 2.11 of this Subchapter.

2.After the licensee obtains inventory but prior to conducting retail sales, the licensee shall schedule and pass an inspection with the Commission.

3.The Commission may conduct a post-licensure inspection upon commencement of operations, including but not limited to inspection for compliance of cannabis and cannabis product inventory with the tagging and tracking requirements set forth in §§ 2.9 and 2.10 of this Subchapter. Nothing in this paragraph shall be construed to limit the Commission’s general inspection powers as delineated in § 5-1.4 of this Chapter.

4.The Commission shall have the right but not the obligation to notify a licensee’s banking institution of any non-compliant activity, violations and/or enforcement action(s) taken by the Commission.

K.Annual Renewal

1.Cannabis retail sales licenses shall be issued for one-year terms.

2.Annual renewals shall be submitted on such forms and include such information as required by the Commission.

3.Renewal applications must be received by the Commission prior to the designated renewal date of the cannabis retail sales license.

4.An annual inspection shall be part of the annual renewal process.

5.Renewal applications shall include an updated interest holder/key person disclosure and certification as required by §§ 1.3.1(A)(6) of this Part.

6.The renewal period is one year from the date of first issuance of the license and will occur annually on that date unless and until the license is revoked or surrendered.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-10-1 § 1.5 Social Equity Retail License Application, Licensing and Renewals

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-10-1 § 1.6 Licensed Workers’ Cooperative Cannabis Retail Sales Application, Licensing and Renewals

A.R.I. Gen. Laws §§ 21-28.11-5 and 21-28.11-10.2 authorize the Commission to promulgate regulations for the licensing of workers’ cooperative cannabis retailers.

B.Workers’ Cooperative Cannabis Retail Sales License Application Period and License Application Timeline

1.Applications for workers’ cooperative cannabis retail sales licenses may only be submitted to the Commission for consideration during an open application period announced by the Commission. Open application periods will only be announced upon the availability of a workers’ cooperative cannabis retail sales license(s), to issue the original 6 licenses and, thereafter, to issue such additional licenses as may become available due to an expansion in the limit of available licenses, the failure of a qualified applicant to be selected through the application process as described in § 1.6 of this Part, or the failure of a selected applicant to satisfy licensing requirement(s) of the Cannabis Act or Commission regulations, or in the event of the revocation, relinquishment, or expiration without renewal of an existing workers’ cooperative cannabis retail sales license. R.I. Gen. Laws §§ 21-28.11-10.2 and 21-28.11-17(b).

C.Application for Workers’ Cooperative Cannabis Retail Sales License by Geographic Zones

1.An applicant who applies for a workers’ cooperative cannabis retail sales license may only submit one application per geographic zone specified in § 1.3.4 of this Part. R.I. Gen. Laws § 21-28.11-10.3.

D.The Commission will evaluate applications based upon the information provided by applicants on the application forms/submissions and otherwise obtained during the application process.

E.Application Fee

1.Each application for a workers’ cooperative cannabis retail sales license shall be accompanied by a non-refundable application fee of seven thousand five hundred dollars ($7,500). R.I. Gen. Laws § 21-28.11-10.2(b)(6).

F.Application Process for Workers’ Cooperative Cannabis Retail Sales License

1.Each application for a workers’ cooperative cannabis retail sales license shall be on such forms and through such submission mechanisms as designated by the Commission and shall include, but not be limited to, the information set forth in §§ 1.3.1, 1.3.2, 1.3.6, and 1.6 of this Part and the following:

a.For the business plan required in § 1.3.1(A)(2) of this Part, applications for licenses under § 1.6 of this Part must also include:

(1)Three (3) year projected income statement;

(2)Number and category description of full-time equivalent employees and associated payroll expenses, including benefits, required for staffing; and

(3)Profit sharing and/or profit allocation plan; and

b.For the Operations Manual required in § 1.3.1(A)(4), the staffing plan must include job descriptions, employment contracts and volunteer agreements, if applicable.

2.Only applications which the Commission has determined to be complete (i.e., which satisfy all applicable application requirements including but not limited to those in this Part) shall be eligible and accepted for further evaluation and review. Incomplete applications will be deficient and will not be considered further and the application fee will not be refunded.

G.Workers’ Cooperative Cannabis Retail Sales Application Review Criteria

1.The Commission shall review complete applications and information otherwise obtained during the application process utilizing the criteria specified in R.I. Gen. Laws §§ 21-28.11-10.2, 21-28.11-17.1, 7-6.2-1 et seq. and §§ 1.3 and 1.6 of this Part to determine whether an application is qualified.

2.If an applicant seeking a workers’ cooperative cannabis retail sales license is notified that its application has been deemed “qualified” by the Commission, it shall be eligible for selection in accordance with § 1.6(H) of this Part.

3.In determining whether an applicant is “qualified,” the Commission shall determine whether such information adequately demonstrates an ability of the applicant to satisfy licensing requirements and compliance with the Cannabis Act, R.I. Gen. Laws Chapter 7-6.2 and Commission regulations.

H.Application Selection Process

1.Once the Commission completes its review of all applications, the Commission will notify all qualified applicants and publicly announce the date, time, and manner of randomly selecting qualified applicants for approval in each available zone.

2.The Commission will publicly post the names of the qualified applicants for each zone. A random drawing to select the licensee(s) in each zone will be held in a manner that can be observed by the public. A duly authorized representative of all qualified applicants shall attend the random selection process in person. The authorized representative of any qualified applicant which has applied for a license in multiple zones must be present and prepared at the time of the drawing to select and commit to a single zone if the applicant is selected for more than one zone.

3.The Commission will select a qualified applicant for each available zone. After the qualified applicant(s) have been selected for each available zone, any applicant selected for multiple zones must accept a single zone and reject the other zones. After each applicant, if any, which has been selected for multiple zones accepts a single zone and rejects all others, another applicant will be drawn and selected for any rejected zone(s). This process shall continue until there is a separate and distinct qualified applicant selected for each available zone. Once a zone selection has been made, the decision is final and cannot thereafter be amended or altered. Any applicant selected for multiple zones who chooses which single zone they would like to be licensed in, may not thereafter alter that decision or change zones at any time.

4.The selected applicants shall not change or alter their proposed location to another location within the same zone without prior Commission approval. A selected applicant may not relocate or change the proposed location outside of the zone for which they were selected.

5.The selected applicants shall be deemed approved provisionally, subject to satisfaction of all requirements for final licensure. If a selected applicant fails to satisfy all requirements for final licensure as set forth in § 1.6(I) of this Part, the Commission may repeat the selection process set forth in § 1.6(H) of this Part with any previously qualified applicants for the specified zone whose applications are complete and meet the licensing requirements of this Part. If more than two (2) years has elapsed since the original selection process set forth in in § 1.6(H)(3) of this Part, the Commission may announce a new application period as set forth in § 1.6(B)(1) of this Part.

6.If at the conclusion of the selection process there are any available zones which have not been awarded to, or selected by, a qualified applicant, and if there are no more qualified applicants for those zones to select from, the Commission may reopen the application period and accept applications for any unawarded or unchosen zones and repeat the application, review, and selection processes in accordance with § 1.6 of this Part.

I.Prerequisites to Issuance of Workers’ Cooperative Cannabis Retail Sales License and Commencement of Operations

1.Upon notification by the Commission, the provisionally approved applicant must take reasonable and documented efforts to complete the prerequisites for final issuance of the license. If satisfaction of all requirements for licensure takes longer than nine (9) months, the provisionally approved applicant must show substantial completion of licensing requirements and good cause to the Commission in the form of circumstances beyond the provisionally approved applicant’s control as to why additional time should be granted and the provisional approval should not be rescinded.

2.Once the license has been issued by the Commission, the licensee must take reasonable and documented efforts to launch workers’ cooperative cannabis retail sales activities, which for purposes of this paragraph shall mean actual acquisition and dispensing of adult use cannabis pursuant to the Cannabis Act and Commission regulations. If commencement of such activities takes longer than three (3) months, the workers’ cooperative cannabis retail sales licensee must show substantial completion of requirements and good cause to the Commission in the form of circumstances beyond the control of the licensee why the license should not be revoked for non-use.

3.Any workers’ cooperative cannabis retail sales applicant provisionally selected for licensure in accordance with § 1.6(H) of this Part must satisfy the below requirements before a final license authorizing operation of the cannabis establishment will be issued:

a.Annual License Fee: The annual license fee set by R.I. Gen. Laws § 21-28.11-10.2(b)(7) of thirty thousand dollars ($30,000) must be paid.

b.Final Information and Documentation to be Supplied - The provisionally approved applicant must provide any updates to previously submitted application information and the following additional items to the Commission:

(1)Unless already provided with the application, documents confirming ownership or executed lease agreement as to the cannabis establishment premises.

(2)A current Certificate of Occupancy (or equivalent document) to demonstrate compliance with the relevant provisions of R.I. Gen. Laws Chapters 23-28.1 and 23-27.3 [Fire Safety Code and State Building Code, respectively] for the cannabis establishment.

(3)Updated interest holder/key person disclosure pursuant to § 1.3.1(A)(6) of this Part.

(4)Evidence of completion of divestiture plan pursuant to § 1.3.2 of this Part.

(5)If there are any material deviations from the approved application, the provisional licensee must submit a request for and obtain a variance from the Commission in accordance with § 1.3.3 of this Part. The Commission may deny the variance in its sole and absolute discretion.

(6)Evidence that the provisionally approved licensee has acquired a cannabis seed-to-sale tracking system and all necessary equipment and software to implement tracking.

(7)An attestation by a bona fide labor organization stating that the provisional licensee has entered into and will abide by the terms of a labor peace agreement in accordance with R.I. Gen. Laws § 21-28.11-12.2.

4.Submission of proposed activities or functions in an application by an applicant who is selected for a provisional license does not guarantee or authorize approval for that applicant to conduct all proposed activities or activities in the manner or method proposed.

5.Commission Pre-License Inspection

a.Before a workers’ cooperative cannabis retail sales license will be issued, a Commission inspection is required. Provisional licensees should contact the Commission to coordinate said inspection. Nothing in this paragraph should be construed as limiting inspections at an earlier time in addition to the final pre-license inspection.

b.The provisional licensee may be required to make any Commission recommended changes regarding the security or operations of the facility and its personnel prior to commencing licensed activities.

c.Nothing herein shall limit the Commission’s authority to require a provisionally approved applicant and/or licensee to implement additional security and safety recommendations from the Commission in the future.

6.Commercial Cannabis Identification Card Requirements

a.Before commencement of operations, all key persons, agents, employees, and volunteers of the workers’ cooperative cannabis retail applicant must apply for a commercial cannabis identification card as set forth in § 1.3.5 of this Part. All persons required to apply for a commercial cannabis identification card, except employees and volunteers, shall submit to a national criminal background check as provided in § 1.3.6 of this Part. Such individuals may be hired, appointed, or retained prior to receiving a commercial cannabis identification card, but may not begin operations or work in cannabis storage, packaging, transport, dispensing or other cannabis activities requiring licensure pursuant to the Cannabis Act and Commission regulations until receipt of the card.

J.Commission Post-License Inspection of Operations and Inventory

1.After the workers’ cooperative cannabis retail sales license is issued, the licensee shall apply to the Commission to source inventory in accordance with § 2.11 of this Subchapter.

2.After the workers’ cooperative cannabis retail sales licensee obtains inventory but prior to conducting retail sales, the licensee shall schedule and pass an inspection with the Commission.

3.The Commission may conduct a post-licensure inspection upon commencement of operations, including but not limited to inspection for compliance of cannabis and cannabis product inventory with the tagging and tracking requirements set forth in §§ 2.9 & 2.10 of this Subchapter. Nothing in this paragraph shall be construed to limit the Commission’s general inspection powers as delineated in § 5-1.4 of this Chapter.

4.The Commission shall have the right but not the obligation to notify a licensee’s banking institution of any non-compliant activity, violations and/or enforcement action(s) taken by the Commission.

K.Workers’ Cooperative Compliance

1.All workers’ cooperative retail licensees have a continuing obligation to at all times be organized, structured and operated as a workers’ cooperative in compliance with R.I. Gen. Laws Chapter 7-6.2.

2.All workers’ cooperative retail licensees shall have a continuing obligation to satisfy the requirements for licensure set forth in this Part.

3.If the Commission determines that a workers’ cooperative retail licensee is no longer in compliance with the requirements necessary to maintain workers’ cooperative status, that workers’ cooperative retail license will be required to implement a corrective action plan or the Commission may revoke the license.

4.Workers’ Cooperative Retail Licensees that are no longer in compliance with the requirements of § 1.6 of this Part are not eligible to convert the license to another cannabis establishment license type. R.I. Gen. Laws § 21-28.11-5(b)(22).

L.Annual Renewal

1.Workers’ cooperative cannabis retail licenses shall be issued for one-year terms.

2.Annual renewals shall be submitted on such forms and include such information as required by the Commission.

3.Renewal applications must be received by the Commission prior to the designated renewal date of the workers’ cooperative retail sales license.

4.An annual inspection shall be part of the annual renewal process.

5.Renewal applications shall include an updated interest holder/key person disclosure and certification as required by § 1.3.1(A)(6) of this Part.

6.The renewal period is one year from the date of first issuance of the license and will occur annually on that date unless and until the license is revoked or surrendered.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-10-1 § 1.7 Cannabis Product Manufacturer Application, Licensing and Renewals

A.R.I. Gen. Laws §§ 21-28.11-5 and 21-28.11-9 authorize the Commission to promulgate regulations for the licensing of cannabis product manufacturers.

B.Permitted Activities of Licensed Cannabis Product Manufacturers

1.In addition to the requirements set forth in R.I. Gen. Laws § 21-28.11-9, Cannabis Product Manufacturers shall also comply with all requirements set forth in § 1.7 of this Part and all other Parts of these regulations.

2.A cannabis product manufacturer is a cannabis establishment licensed to obtain, manufacture, process and package cannabis and cannabis products, and may deliver or transfer cannabis products to other cannabis establishments.

3.Licensed cannabis product manufacturers may purchase cannabis from licensed cannabis cultivators for processing and may only transfer or sell cannabis products to other entities that are licensed pursuant to and operate in accordance with the Cannabis Act, the Medical Marijuana Act and these rules.

4.Cannabis product manufacturers shall not cultivate cannabis and may only receive, transfer and sell cannabis and cannabis products as set forth in § 2.11 of this Subchapter.

5.A direct sale or transfer of cannabis or cannabis products from a licensed cannabis product manufacturer to a consumer is prohibited.

6.Cannabis product manufacturers may manufacture products for both the adult use and medical cannabis markets.

7.A licensed cannabis product manufacturer shall only be licensed to conduct licensed activities at a single location.

8.Licensed cannabis product manufacturers must abide by all local ordinances, including zoning ordinances, and may be subject to any additional location restrictions established by the Commission.

C.Licensed Cannabis Product Manufacturer Application Period and License Application Timeline

1.Applications to become licensed as a cannabis product manufacturer may only be submitted to the Commission for consideration during an open application period announced by the Commission. The Commission reserves the right to modify application periods and to limit the number of new licenses available to new applicants in furtherance of maintaining a stable, regulated cannabis industry and mitigating the impact on public health and safety. R.I. Gen. Laws §§ 21-28.11-5 and 21-28.11-17(b).

D.The Commission will evaluate applications based upon the information provided by applicants on the application forms/submissions and otherwise obtained during the application process.

E.Application Fee

1.All cannabis product manufacturer applications shall be accompanied by a non-refundable application fee of two-thousand dollars ($2,000).

F.Application Process for Cannabis Product Manufacturer License

1.Each application for a licensed cannabis product manufacturer shall be on such forms and through such submission mechanisms as designated by the Commission and shall include, but not be limited to the information set forth in §§ 1.3.1, 1.3.2, 1.3.6 and 1.7 of this Part, and including the following:

a.Plan for distinguishing between sales of finished cannabis products at wholesale based on designation for medical or adult use sales, if applicable;

b.If applicable, evidence of compliance with Minimum Requirements for Departmental Approval of Volatile Solvent-Based Hydrocarbon Extraction Operations, as set forth in § 2.20 of this Subchapter; and

c.All other information required by the Commission as described in the application form.

2.Only applications which the Commission has determined to be complete (i.e., adequately addresses all application requirements of this Part and contains complete responses to all mandatory questions) shall be eligible for review.

G.Prerequisites to Issuance of Cannabis Product Manufacturer License and Commencement of Operations

1.If an applicant seeking to operate as a licensed cannabis product manufacturer is notified that its application has been approved by the Commission, it shall complete the below steps before a license will be issued.

2.Payment of the annual cannabis product manufacturing license fee of four thousand, five hundred dollars ($4,500).

3.Final Information and Documentation to be Supplied. The applicant must provide any updates to previously submitted application information and the following additional items to the Commission:

a.A sufficient description of the final physical location of the cannabis establishment (by plat and lot number, mailing address, etc.).

b.Evidence that the physical location for the cannabis establishment is not located within five hundred feet (500’) of the property line of a preexisting public or private school.

c.A current Certificate of Occupancy (or equivalent document) to demonstrate compliance of the cannabis establishment with the relevant provisions of R.I. Gen. Laws Chapters 23-28.1 and 23-27.3 [Fire Safety Code and State Building Code, respectively].

d.Evidence of approval from the state fire marshal’s office for any and all forms of manufacturing that use a heat source or flammable solvent. R.I. Gen. Laws § 21-28.11-5(b)(28)(ii).

e.Evidence of either ownership of property or agreement by owner of property to allow the operation of a licensed cannabis product manufacturer on the property.

f.A final diagram of the cannabis establishment, including where cannabis will be stored, processed and packaged, and where security alarms and cameras and surveillance recording storage will be located.

g.The legal name, current address, and date of birth of any interest holder or person who will be an employee or agent of the cannabis product manufacturer at its inception or in the anticipated future.

h.Evidence of completion of divestiture plan and other individual relinquishment requirements pursuant to § 1.3.2 of this Part.

4.Pre-License Inspection. Before a cannabis product manufacturer license will be issued, a Commission inspection is required. Approved applicants should contact the Commission to coordinate said inspection. Nothing in this paragraph should be construed as limiting inspections at an earlier time in addition to the final pre-license inspection. As a result of this inspection the cannabis product manufacturer may be required to make any changes required by the Commission, including but not limited to issues regarding the security of the cannabis establishment or its personnel, prior to commencing licensed activities.

H.Post-Approval Process and Timeline

1.Upon notification of approval of a license application from the Commission, the approved applicant must take reasonable and documented efforts to complete the prerequisites for issuance of the license pursuant to the steps detailed in § 1.7(G) of this Part. If such efforts take longer than nine (9) months, the approved applicant must show that licensure requirements have been substantially completed and show good cause to the Commission in the form of circumstances beyond the control of the approved applicant to establish why additional time should be granted and the application approval should not be rescinded.

2.Once the license has been issued, the licensed cannabis product manufacturer must take reasonable and documented efforts to launch licensed activities, which for purposes of this paragraph shall mean actual cannabis processing, packaging, manufacturing, and/or other activities requiring a cannabis product manufacturer license pursuant to the Cannabis Act and/or Medical Marijuana Act. If such efforts take longer than six (6) months, the licensed cannabis product manufacturer must show that licensure requirements have been substantially completed and show good cause to the Commission in the form of circumstances beyond the control of the approved applicant to establish good cause to the Commission why the license should not be revoked for non-use.

I.Post-Licensure Inspection of Operations, Inventory and Requirements

1.After the cannabis product manufacturer license is issued, the licensed cannabis product manufacturer shall notify the Commission when it obtains inventory and commences operations. The Commission may conduct a post-licensure inspection upon this commencement of operations, including but not limited to inspection for compliance of cannabis and cannabis product inventory with the tracking requirements set forth in §§ 2.9 and 2.10 of this Subchapter. Nothing in this paragraph shall be construed to limit the Commission’s general inspection powers as delineated in § 5-1.4 of this Chapter.

J.Annual License Renewal

1.Cannabis product manufacturer licenses shall be issued for one-year terms.

2.Annual renewals shall be submitted on such forms and include such information as prescribed by the Commission.

3.Renewal applications must be received by the Commission prior to the designated renewal date of the cannabis product manufacturer license.

4.A licensed cannabis product manufacturer must submit to the Commission an annual license fee of four thousand five hundred dollars ($4,500) prior to the renewal being issued.

5.All licensees must be in good standing with the Commission prior to the renewal being issued.

6.An annual inspection shall be part of the annual renewal process.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-10-1 § 1.8 Compassion Center Application, Licensing and Renewals

A.R.I. Gen. Laws §§ 21-28.11-5, 21-28.11-10 and 21-28.11-10.1 authorize the Commission to promulgate regulations to license compassion centers and to assume all powers, duties, and responsibilities previously held by the Department of Business Regulation and the Office of Cannabis Regulation with respect to the regulation, administration and enforcement of the provisions of the Medical Marijuana Act.

B.Compassion Center Application Period and License Application Timeline

1.Applications for compassion center licensure may only be submitted to the Commission for consideration during an open application period announced by the Commission. R.I. Gen. Laws § 21-28.11-17(b).

2.Open application periods may be announced upon the availability of a compassion center license such as may be due to an expansion in the number of available licenses, the absence of a qualified applicant to be selected through the application process as described in § 1.8(H)(6) of this Part, the failure of a selected applicant to satisfy licensing requirement(s) of the Medical Marijuana Act, the Cannabis Act or these regulations as described in in § 1.8(H)(5) of this Part, or in the event of the revocation, relinquishment, or expiration without renewal of an existing compassion center license, as provided in R.I. Gen. Laws §§ 21-28.6-12(b)(7)(ii), 21-28.6-12(b)(8), and 21-28.6-12(d)(3).

C.Application for Compassion Center License

1.Compassion center licenses will be issued pursuant to R.I. Gen. Laws § 21-28.6-12(c)(3) regarding geographic location.

2.An applicant who applies for a compassion center license may only submit one application per zone. A person or entity cannot be an interest holder with respect to more than one applicant/application for a compassion center license per zone. An applicant may apply for a license in more than one zone provided, however, that if an applicant is selected for a license in more than one zone, the applicant must select a single zone in which the applicant will proceed with licensing in accordance with § 1.8(H) of this Part. Another applicant will then be selected for the zone or zones which were not selected. Applicants who apply in more than one zone must submit a separate application and separate application fee for each zone they apply to and indicate in each application all applications it has submitted and in which zones.

D.The Commission will evaluate applications based upon the information provided by applicants on the application forms/submissions and otherwise obtained during the application process.

E.Application Fee

1.Each application shall be accompanied by a non-refundable application fee of $10,000. R.I. Gen. Laws § 21-28.6-12(c)(1)(i).

F.Application Process for Compassion Center License

1.Each application for a compassion center shall be on such forms and through such submission mechanisms as designated by the Commission and shall include, but not be limited to, the information set forth in §§ 1.3.1, 1.3.2, 1.3.6 and 1.8 of this Part, and also including the following:

a.The applicant’s corporate information required in § 1.3.1(A)(1), compassion center applications shall also include non-profit corporation compliance including, certificate of incorporation under R.I. Gen. Laws § 7-6-36 or certificate of authority under R.I. Gen. Laws § 7-6-70, copies of articles of incorporation and bylaws, and, if applicable, documentation of recognition as a tax-exempt organization by the US Internal Revenue Service.

b.For the business plan information required in § 1.3.1(A)(2) of this Part, the compassion center application shall also include:

(1)Applicant’s experience running a non-profit organization or other business, and applicant’s experience running a medical cannabis business, as applicable; and

(2)Services for hardship patients and charity care.

c.For the operations manual information required in § 1.3.1(A)(4) of this Part, the compassion center application shall also include:

(1)Patient and personal data privacy;

(2)Patient confidentiality, education, counseling and outreach; and

(3)Assuring steady supply for patients.

d.The proposed physical location of the compassion center by plat and lot number, street address and zoning district. If the applicant holds a valid Rhode Island cultivator license, then this may also include one additional location proposed to be used for the secure cultivation of medical cannabis. Regarding the proposed physical location(s), the applicant shall submit:

(1)The proposed physical location of the cannabis establishment by plat and lot number, street address and mailing address.

(2)Evidence of full compliance of the facility with the local zoning laws in the form of a certificate or letter from an authorized zoning official of the municipality confirming zoning compliance and receipt of all required final zoning approvals and certification by an authorized officer of the applicant as to compliance with any other applicable local ordinances.

(3)Evidence that the physical location is not located within one thousand feet (1,000’) of the property line of a preexisting public or private school in compliance with R.I. Gen. Laws § 21-28.6-12(f)(2).

(A)For the purposes of this paragraph, “private school” shall be deemed to refer to any nonpublic institution of elementary or secondary (K-12th Grade) education, accredited or recognized as a private school by the department of elementary and secondary education or the school committee of the city or town having jurisdiction over private schools.

(B)For purposes of this paragraph, the 1000-foot distance shall be measured from the secured compassion center premises, which shall include allotted outdoor areas (such as parking and loading areas), to the property line of the school, which shall include the school building, land, and appurtenances.

(4)A draft diagram of the proposed facilities, including where within the facility the medical cannabis will be stored, processed, packaged, manufactured and dispensed, and where security alarms and cameras and surveillance recording storage will be located, patient access areas, limited access areas, patient parking capacity and access for persons with disabilities in accordance with applicable law, and showing the location of the facility relative to streets and other public areas.

(5)A description of objective parameters (such as distances from streets and public areas) and/or proposed measures (such as black-out window shades) that ensure that cannabis and cannabis products at the premises shall not be visible from the street or other public areas.

(6)Documents evidencing either ownership of property or lease agreement with owner of property to allow the operation of a cannabis establishment on the property.

e.A certification regarding nonprofit compliance as required in the Commission’s application form which includes the following certifications and information as to status and any existing and/or proposed:

(1)Nonprofit status and operation;

(2)Management companies, vendors and contracts;

(3)Related party transactions;

(4)Real estate and equipment transactions;

(5)Compensation of officers, directors and employees; and

(6)Revenue and profit-sharing arrangements.

f.With respect to the disclosure and divesture requirements in § 1.3.2 of this part, except as provided in § 21-28.11-19(d), a compassion center and interest holders/key persons thereof may not have any “material financial interest or control” in another Rhode Island cannabis establishment licensee or vice versa. R.I. Gen. Laws §§ 21-28.6-12(b)(1)(ii), 21-28.6-12(d)(5)(v), 21-28.11-19.

g.Other written materials which will allow the Commission to determine the compassion center’s ability to comply with the review criteria contained in R.I. Gen. Laws § 21-28.6-12(c)(3) and these regulations.

h.All other information required by the Commission as described in the application form.

5.Only applications which the Commission has determined to be complete (i.e., which satisfy all applicable application requirements including but not limited to those above) shall be eligible and accepted for further evaluation and review. Incomplete applications will be deficient and will not be considered further and the application fee will not be refunded.

G.Compassion Center Application Review Criteria

1.The Commission shall review complete applications and information otherwise obtained during the application process utilizing the criteria specified in R.I. Gen. Laws § 21-28.6-12(c)(3) of the Medical Marijuana Act and § 1.8 of this Part in order to determine whether an application is qualified.

2.If an applicant seeking a license to operate a compassion center is notified that its application has been deemed “qualified” by the Commission, it shall be eligible for selection in accordance with § 1.8(H) of this Part.

3.In determining whether an applicant is “qualified,” the Commission shall determine whether such information adequately demonstrates an ability of the applicant to satisfy licensing requirements and compliance with the Medical Marijuana Act, the Cannabis Act, and these regulations.

H.Application Selection Process

1.Once the Commission completes its review of all applications, the Commission will notify all qualified applicants and publicly announce the date, time, and manner of randomly selecting qualified applicants for approval in each available zone.

2.The Commission will publicly post the names of the qualified applicants for each zone. A random drawing to select the licensee(s) in each zone will be held in a manner that can be observed by the public. A duly authorized representative of all qualified applicants shall attend the random selection in person. The authorized representative of any qualified applicant which has applied for a license in multiple zones must be present and prepared at the time of the drawing to select and commit to a single zone if the applicant is selected for more than one zone.

3.The Commission will select a qualified applicant for each available zone. After the qualified applicant(s) have been selected for each available zone, any applicant selected for multiple zones must accept a single zone and reject the other zones. After each applicant, if any, which has been selected for multiple zones accepts a single zone and rejects all others, another applicant will be drawn and selected for any rejected zone(s). This process shall continue until there is a separate and distinct qualified applicant selected for each available zone. Once a zone selection has been made, the decision is final and cannot thereafter be amended or altered. Any applicant selected for multiple zones who chooses which single zone they would like to be licensed in, may not thereafter alter that decision or change zones at any time.

4.The selected applicants shall not change or alter their proposed location to another location within the same zone without prior Commission approval. A selected applicant may not relocate or change the proposed location outside of the zone for which they were selected.

5.The selected applicants shall be deemed approved provisionally, subject to satisfaction of all requirements for final licensure. If a provisionally approved applicant fails to satisfy all requirements for final licensure as set forth in § 1.8(I) of this Part, the Commission may repeat the selection process set forth in § 1.8(H) of this Part with any previously qualified applicants for the specified zone whose applications are complete and meet the licensing requirements of this Part. If more than two (2) years has elapsed since the original selection process set forth in in § 1.8(H)(3) of this Part, the Commission may announce a new application period as set forth in § 1.8(B)(2) of this Part.

6.If at the conclusion of the selection process there are any available zones which have not been awarded to, or selected by, a qualified applicant, and if there are no more qualified applicants for those zones to select from, the Commission may reopen the application period and accept applications for any unawarded or unchosen zones and repeat the application, review, and selection processes in accordance with § 1.8 of this Part.

I.Prerequisites to Issuance of Compassion Center License and Commencement of Operations

1.Upon notification by the Commission, the provisionally approved applicant must take reasonable and documented efforts to complete the prerequisites for issuance of the license. If satisfaction of all requirements for licensure takes longer than nine (9) months, the provisionally approved applicant must show substantial completion of licensing requirements and good cause to the Commission in the form of circumstances beyond the control of the applicant as to why additional time should be granted and the provisional approval should not be rescinded.

2.Once the license has been issued by the Commission, the compassion center must take reasonable and documented efforts to launch compassion center activities, which for purposes of this paragraph shall mean actual acquisition and dispensing of medical cannabis pursuant to the Medical Marijuana Act and these regulations. If commencement of such activities takes longer than three (3) months, the licensee must show substantial completion of requirements and good cause to the Commission in the form of circumstances beyond the control of the licensee as to why the license should not be revoked for non-use.

3.Any compassion center applicant selected for provisional licensure in accordance with § 1.8(H) of this Part must satisfy the below requirements before a license authorizing operation of a compassion center will be issued:

a.Annual Compassion Center Registration Fee: The annual license fee set by R.I. Gen. Laws § 21-28.6-12(c)(5)(ii) of five hundred thousand dollars ($500,000) must be paid.

b.Final Information and Documentation to be Supplied - The provisionally approved applicant must provide any updates to previously submitted application information and the following additional items to the Commission:

(1)Unless already provided with the application, documents confirming ownership or executed lease agreement as to the compassion center premises.

(2)Evidence of full compliance of the facility with the local zoning laws in the form of a certificate or letter from an authorized zoning official of the municipality confirming zoning compliance and receipt of all required final zoning approvals and certification by an authorized officer of the applicant as to compliance with any other applicable local ordinances.

(3)A current certificate of occupancy (or equivalent document) to demonstrate compliance with the relevant provisions of R.I. Gen. Laws Chapters 23-28.1 and 23-27.3 [Fire Safety Code and State Building Code, respectively] for each physical address to be utilized as a compassion center or for the secure cultivation of medical cannabis, if applicable.

(4)Updated interest holder/key person disclosure and updated certification of nonprofit status and compliance pursuant § 1.3.1(A)(6) of this Part.

(5)Evidence of completion of divestiture plan pursuant to § 1.3.2 of this Part.

(6)If there are any material deviations from the approved application, the applicant must submit a request for and obtain a variance from the Commission in accordance with § 1.3.3 of this Part. The Commission may deny the variance in its sole and absolute discretion.

(7) In the event the applicant holds a cultivation license that will merge into the compassion center license pursuant to R.I. Gen. Laws § 21-28.6-12(b)(10), the applicant shall provide to the Commission a certificate from the Rhode Island Secretary of State as to articles of merger of the cultivator license holder entity into the applicant entity or certified articles of dissolution of the cultivator entity, and such other documents evidencing the merger and/or transfer of assets and operations as required by the Commission.

(8)Evidence that the provisionally approved applicant has acquired a cannabis seed-to-sale tracking system and all necessary equipment and software to implement tracking.

4.Submission of proposed activities or functions in an application by an applicant who is selected for a license does not guarantee or authorize approval for that applicant to conduct all proposed activities or activities in the manner or method proposed.

5.In accordance with R.I. Gen. Laws § 21-28.6-12(f)(5):

a.The applicant must schedule an on-site inspection of the compassion center with the RISP to inspect the facility’s security.

b.The compassion center may be required to make any RISP or Commission recommended changes regarding the security or operations of the facility and its personnel prior to commencing licensed activities.

c.Nothing herein shall limit the Commission’s authority to require an applicant and/or licensee to implement additional security and safety recommendations from RISP or the Commission in the future.

6.Commission Pre-License Inspection

a.Before a compassion center license will be issued, a Commission inspection is required. Provisionally approved applicants should contact the Commission to coordinate said inspection. Nothing in this paragraph should be construed as limiting inspections at an earlier time in addition to the final pre-license inspection.

7.Commercial Cannabis Identification Card Requirements

a.Before commencement of operations, all owners, members, officers, directors, managers, agents, employees, and volunteers of the compassion center must apply for a commercial cannabis identification card as provided in § 1.3.5 of this Part. All persons required to apply for a compassion center commercial cannabis identification card, except employees and volunteers, shall submit to a national criminal background check as provided in § 1.3.6 of this Part. Such individuals may be hired, appointed, or retained prior to receiving a commercial cannabis identification card, but may not begin operations or work in medical cannabis cultivation, storage, processing, packaging, manufacturing, transport, dispensing or other medical cannabis activities requiring licensure pursuant to the Medical Marijuana Act until receipt of the card.

J.Commission Post-License Inspection of Operations and Inventory

1.After the compassion center license is issued, the compassion center shall apply to the Commission to source inventory in accordance with § 2.11 of Part 2 of this Subchapter.

2.After the compassion center obtains inventory but prior to conducting retail sales, the compassion center shall schedule and pass a pre-sales inspection with the Commission.

3.The Commission may conduct a post-licensure inspection upon commencement of operations, including but not limited to inspection for compliance of medical cannabis and cannabis product inventory with the tagging and tracking requirements set forth in § 2.9 and § 2.10 of Part 2 of this Subchapter. Nothing in this paragraph shall be construed to limit the Commission’s general inspection powers as delineated in § 1.4 of Part 1 of Subchapter 5 this Chapter.

4.The Commission shall have the right but not the obligation to notify a compassion center’s banking institution of any non-compliant activity, violations and/or enforcement action(s) taken by the Commission.

K.Prohibited Business Relationships with Medical Practitioners

1.R.I. Gen. Laws § 21-28.6-12(d)(5)(iv) prohibits compassion center license holders or any cardholders under the license from entering into a business relationship with any medical practitioner who provides written certifications of qualifying patients’ medical conditions in connection with Rhode Island’s Medical Marijuana Program.

2.Prohibited business relationships include but are not limited to:

a.Employment;

b.Fee splitting;

c.Referral or similar fees;

d.Cost sharing;

e.Subsidies or reimbursement; and

f.Any other similar business or financial relationships with a practitioner or any affiliated persons or entities who provide or otherwise facilitate patient certifications to Rhode Island residents, whether directly or indirectly, including through another medical marijuana program license.

3.Pursuant to § 5-1.4 of this Chapter, the Commission may review and audit the books and records of licensees to ascertain compliance with the Medical Marijuana Act, the Cannabis Act and these regulations. Any compassion center licensee which has or whose cardholders have prohibited business relationships in violation of the Medical Marijuana Act may be subject to enforcement proceedings including revocation of licensure by the Commission.

L.Nonprofit Compliance

1.All compassion centers have a continuing obligation to be organized, structured and operated as a nonprofit in compliance with R.I. Gen. Laws Chapter 7-6, unless the compassion center has obtained a hybrid cannabis retailer authorization and has converted to a for-profit-corporation structure in accordance with R.I. Gen. Laws § 21-28.11-10(d) and § 1.9(F) of this Part.

2.A compassion center shall at all times be operated on a not-for-profit basis for the mutual benefit of its patients in accordance with R.I. Gen. Laws § 21-28.6-12(f).

3.Compassion centers shall not be organized, structured or operated in a manner that violates R.I. Gen. Laws § 21-28.6-12(f), or which would cause medical cannabis and medical cannabis products to be priced at unreasonable rates, as determined by the Commission, in accordance with R.I. Gen. Laws § 21-28.6-12(d)(2)(iii).

4.All licensed compassion centers have a continuing obligation to satisfy the requirements for licensure set forth in this Part.

M.Annual Renewal

1.Compassion center licenses shall be issued for one-year terms.

2.Annual renewals shall be submitted on such forms and include such information as required by the Commission.

3.Renewal applications must be received by the Commission prior to the designated renewal date for the compassion center license.

4.Pursuant to R.I. Gen. Laws § 21-28.6-12(d)(2), the Commission’s review of compassion center renewal applications shall include consideration of whether the compassion center is adequately providing patients with access to medical cannabis at reasonable rates.

5.An annual inspection shall be part of the annual renewal process.

6.Subject to § 21-28.11-10(d), renewal applications shall include an updated certification of nonprofit compliance and an interest holder/key person disclosure and certification as required by §§ 1.8(F)(1)(g) and 1.3.1(A)(6) of this Part.

7.The renewal period is one year from the date of first issuance and will occur annually on that date unless and until the license is revoked or surrendered. The issuance of temporary licenses by the Commission, pursuant to R.I. Gen. Laws § 21-28.6-12(d)(4), does not alter this renewal period or license term with respect to payment of the annual license fee.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-10-1 § 1.9 Hybrid Cannabis Retailer Authorization Application and Renewals

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-10-1 § 1.10 Cannabis Cultivator Application, Licensing and Renewals

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-10-1 § 1.11 Social Equity Applicant Status Certification

A.Social Equity Applicant Status Certification Application Period and Timeline

1.An application to become certified as an approved social equity applicant may only be submitted to the Commission for consideration during an open social equity applicant status certification period announced by the Commission. R.I. Gen. Laws § 21-28.11-17(b).

B.Social Equity Applicant Status Certification Application

1.Each application for social equity applicant status certification shall be on such forms and through such submission mechanisms as designated by the Commission and shall include, but not be limited to the following:

a.The applicant’s legal name and any d/b/a name(s), mailing address, physical address of the principal place of business, mailing address (if different), and telephone number;

b.The applicant’s certificate of incorporation or organization in Rhode Island or certificate of authority to transact business in Rhode Island, articles of incorporation or organization, bylaws or operating agreement and corporation organization chart;

c.A disclosure and certification as to all owners, key persons and investors as required in § 1.3.1(A)(6) of this Part, including the corresponding shares, equity, control or interest held by each;

d.Any financing, management, purchase, and/or any other type of agreement entered into by the applicant that may affect the ownership or control of the applicant at any point in the future;

e.An attestation with supporting documentation as prescribed by the Commission as to the manner in which the applicant has been disproportionately impacted by the criminal enforcement of cannabis laws in accordance with R.I. Gen. Laws § 21-28.11-3(39), including but not limited to documentation evidencing any of the following circumstances:

(1)The applicant has at least fifty-one percent (51%) ownership and control by one or more individuals who have resided for at least five (5) of the preceding ten (10) years in a disproportionately impacted area, as determined by the Commission.

(2)The applicant has at least fifty-one percent (51%) ownership and control by one or more individuals who:

(A)Have been arrested for, convicted of, or adjudicated delinquent for any offense that is eligible for expungement under the Cannabis Act; or

(B)Is a member of an impacted family.

(3)The applicant has a minimum of ten (10) full-time employees, as defined in § 1.2 of this part, and has at least fifty-one percent (51%) of current employees who:

(A)Currently reside in a disproportionately impacted area, as determined by the Commission; or

(B)Have been arrested for, convicted of, or adjudicated delinquent for any offense that is eligible for expungement under the Cannabis Act or is a member of an impacted family.

(C)For individual applicants to qualify under this criterion, the individual must demonstrate that they are either the majority owner of or occupy the highest position on the organizational chart for the employing entity. For entity applicants, the employing entity must be the same as the applicant entity to qualify under this criterion.

(4)The applicant can demonstrate significant past experience in or business practices that promote economic empowerment, as that term is defined in § 1.2 of this Part, in a disproportionally impacted area, as determined by the Commission. An applicant is considered to have met this criterion if:

(A)The applicant is an individual or an entity that is owned and controlled by one or more individuals who have either:

(i)Volunteered with one or more organizations, for at least five (5) of the last ten (10) years for at least four hundred (400) hours per year, where they worked directly with individuals in disproportionately impacted areas offering services designed for economic empowerment, and can provide an attestation signed by an authorized representative of said organization affirming both the scope of the work performed as well as the hours committed; or

(ii)Held a full-time position for at least five (5) of the last ten (10) years in a company, business, or other organization, including both for-profit and not-for-profit entities, that is primarily engaged in work supporting economic empowerment where the primary responsibilities included working directly with individuals in disproportionately impacted areas.

(5)The applicant has at least fifty-one percent (51%) ownership and control by one or more individuals who each had income which does not exceed four hundred percent (400%) of the median income in a disproportionally impacted area, as defined in § 1.2 of this Part and as determined by the Commission, for at least five (5) of the past ten (10) years.

(A)For the purpose of this criterion, qualification shall be determined for an applicant based on the adjusted gross income of all adult individuals within the applicant’s household inclusive of all:

(i)Federal taxable wages and income;

(ii)Tips;

(iii)Unemployment compensation;

(iv)Social security income;

(v)Self-employment income;

(vi)Social security disability income;

(vii)Retirement or pension income;

(viii)Realized capital gains;

(ix)Investment income;

(x)Rental and royalty income;

(xi)Excluded (untaxed) foreign income;

(xii)All forms of imputed income;

(xiii)Taxable non-cash fringe benefits;

(xiv)Alimony;

(xv)Legal settlements, awards and damages;

(xvi)Insurance awards;

(xvii)Gambling winnings;

(xvii)Prizes and awards; and

(xix)Any other income documentation requested by the Commission.

(B)Only the individual who earned income in the disproportionately impacted area is eligible to have their ownership contribute to qualification as a social equity applicant.

f.Any other information as requested by the Commission on the application form.

C.Social Equity Applicant Status Certification Application Review Process

1.The Commission shall review complete applications and information otherwise obtained during the application process utilizing the criteria specified in the Cannabis Act and these regulations to determine whether an applicant meets the criteria for approved social equity applicant status.

2.The Commission shall not accept duplicate or multiple applications from a single applicant. A person or entity may not be or have entered into any agreement to become, even if contingent on meeting a future condition, a key person/interest holder with respect to more than one applicant and/or application for social equity applicant status certification.

3.If an applicant seeking social equity applicant status certification is notified that their application has been approved by the Commission, they will be considered an approved social equity applicant, and thereafter be eligible to proceed with the application process for a social equity retail license in accordance with § 1.5 of this Part and/or to apply for resources from the Social Equity Assistance Program and Fund in accordance with § 1.12 of this Part.

4.If the Commission determines that an applicant who applied as a social equity applicant is not eligible for social equity status:

a.The applicant shall be provided an additional ten (10) days to provide alternative evidence that the applicant qualifies as a social equity applicant on such forms and through such submission mechanisms as designated by the Commission; or

b.The applicant may pay all required application fees and proceed as a non-social equity applicant to apply for another cannabis retail license type set forth in this Part; or

c.If the rejected applicant cannot do either of the above, then any social equity certification application fee shall be returned, and the social equity applicant certification application process shall be terminated as to that applicant. R.I. Gen. Laws § 21-28.11-31(f)(2).

5.If at any time any information provided by the applicant in its application, supporting or associated documents is found to be knowingly and/or willingly false or fraudulent, the Commission shall deny and/or revoke social equity applicant status, and in its sole discretion may prohibit any future applications associated with the applicant.

6.The Commission’s review of an application or decision regarding the grant or denial of approved social equity applicant status shall not constitute a contested case under Subchapter 5 Part 1 of this Chapter and/or the APA, and, aside from the process set forth in § 1.11(C)(4) of this Part, a decision rendered by the Commission in connection with any application for certification as a social equity applicant shall be final.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-10-1 § 1.12 Social Equity Assistance Program and Fund

1.12.1Authority, Purpose and Scope

A.R.I. Gen. Laws §§ 21-28.11-5 and 21-28.11-31 authorize the Commission to establish and promulgate regulations governing the Social Equity Assistance Program and Fund. This section sets forth the principles, policies, and practices of the Commission in implementing and administering the Social Equity Assistance Program and Fund.

B.The Commission is authorized to distribute resources from the Social Equity Assistance Fund while also safeguarding public funds. The Commission shall comply with statutory reporting requirements and implement performance management metrics to monitor the usage and viability of the Social Equity Assistance Program and Fund. R.I. Gen. Laws § 21-28.11-31(e) and (h).

C.In accordance with R.I. Gen. Laws § 21-28.11-31(b), the Social Equity Assistance Program and Fund shall be exclusively used for the following purposes:

1.To provide grants to approved social equity applicants to pay for ordinary and necessary expenses to establish and/or operate a licensed cannabis establishment;

2.To support the waiver or reduction of application and/or licensing fees for approved social equity applicants; and

3.To implement and administer programing for restorative justice, jail diversion, drug rehabilitation and education workforce development for jobs related to cannabis cultivation, transportation, distribution and sales.

D.In accordance with R.I. Gen. Laws § 21-28.11-31(b)(1-3), the Commission in its sole discretion may decide the specific usages of the Social Equity Assistance Program and Fund.

E.The Commission in its sole discretion shall determine the specific amount(s) and timing of disbursement of any resource(s) to be granted to any particular resource applicant, and may, without limitation, limit, deny, and/or revoke any resources requested, approved, awarded or disbursed.

F.The Commission is expressly authorized to consult with, partner with, or utilize other state agencies, programs and/or third-party vendors to assist with or facilitate the distribution of any resources from the Social Equity Assistance Program and Fund. R.I. Gen. Laws § 21-28.11-5(a)(8).

1.12.2Eligibility and Criteria

A.Only approved social equity applicants shall be eligible to apply for the Social Equity Assistance Program and Fund grant and waiver resources set forth in § 1.12.1(C)(1) and (2). Resource applicants who are not certified as approved social equity applicants may apply for the resources specified in § 1.12.1(C)(3). R.I. Gen. Laws § 21-28.11-31(b) and (d).

B.All approved social equity applicants who apply for resources from the Social Equity Assistance Program and Fund must demonstrate:

1.Certification by the Commission as an approved social equity applicant, in accordance with § 1.11 of this Part;

2.Submission of a qualified cannabis establishment license application or selection for issuance of a cannabis establishment license, whether provisional or otherwise, as determined by the Commission; and

3.Ownership and control of at least fifty-one percent (51%) equity in the business entity applying for resources from the Social Equity Assistance Program and Fund. R.I. Gen. Laws § 21-28.11-31(d).

1.12.3Resource Application Period

A.Applications for resources from the Social Equity Assistance Program and Fund may only be submitted to the Commission for consideration during an open application period announced by the Commission.

1.12.4Resource Application Process

A.Each application for resources from the Social Equity Assistance Program and Fund shall be on such forms and through such submission mechanisms as designated by the Commission.

B.Required application information shall include, but not be limited to, the following, as may be applicable to the type of resource requested:

1.The name, contact information, and mailing address of the resource applicant;

2.The name, contact information and mailing address of the associated cannabis establishment;

3.Documentation supporting the type and amount of resource(s) requested;

4.A projected budget and budget narrative for the amount of resource(s) requested;

5.A project plan for how the resource applicant will monitor the effectiveness and impact of the project and resources requested;

6.An affidavit of compliance with filing all required tax returns and paying all taxes due to the State of Rhode Island in accordance with R.I. Gen. Laws Chapter 5-76;

7.An affidavit evidencing good standing with the Commission of the resource applicant, the cannabis establishment license, and any key person associated with the cannabis establishment license; and

8.Any other information as requested by the Commission on the application form.

1.12.5Resource Application Review

A.Each application for resources from the Social Equity Assistance Program and Fund shall be reviewed to confirm completeness and compliance with the Cannabis Act and these rules. Only resource applications which the Commission has determined to be complete (i.e., which satisfy all applicable application requirements) shall be considered eligible and accepted for further evaluation and review. Incomplete applications will be deficient and will not be considered further.

B.The Commission may request additional information in connection with any resource application, and in its sole discretion may permit the resubmission of any resource application rejected as being incomplete or deficient.

C.The Commission shall deny any resource application(s) containing duplicative, false or fraudulent information and may disqualify any resource applicant, cannabis establishment or associated person(s) from any and all future applications.

D.The Commission shall provide notice to the resource applicant in writing of any decision approving or rejecting a complete resource application.

1.12.6Approved Application Resource Type Requirements

A.Applications for the Waiver of Application and/or Licensing Fees

1.In accordance with R.I. Gen. Laws § 21-28.11-31(b)(2) and (f)(1), the Commission may authorize waiver of up to one hundred percent (100%) of any nonrefundable license application fee or any nonrefundable fee associated with acquiring a cannabis establishment license.

2.Approved social equity applicants whose application for a waiver of an application and/or license fee is granted shall be notified in writing of the fee amount or percentage that has been approved as waived by the Commission. The resource applicant shall be responsible for full payment of any amounts not waived before any associated application or license process may proceed.

B.Applications for Monetary Grant Funds

1.Approved social equity applicants who are approved for a monetary grant from the Social Equity Assistance Program and Fund shall enter into a formal grant resource agreement before any monetary amount(s) will be disbursed.

2.The resource agreement shall include, but not be limited to, the following terms and information:

a.The total grant amount;

b.A description of required terms, including a requirement that grant amounts shall only be used for the specific purpose, recipient, and/or function(s) set forth in the agreement;

c.A schedule of disbursement for any monetary amounts, stating that grant disbursement shall be made in installments upon the completion of specific objectives and the Commission’s receipt of evidence demonstrating that such objectives have been achieved;

d.Reporting requirements;

e.Program evaluation requirements;

f.Restrictions, including a provision prohibiting transfer of the grant or funds;

g.Revocation and indemnification provisions; and

h.All other information or terms specified by the Commission as described in the agreement.

3.The Commission shall void a previously issued Social Equity Assistance Program and Fund resource application approval if the grant agreement is not executed by the resource applicant within sixty (60) days of receipt of the agreement.

C.Disbursement of Monetary Grant Funds

1.The Commission shall only disburse monetary grant amounts in the installment amounts specified in the executed grant agreement and upon the resource applicant’s completion of specific objectives and the Commission's receipt of evidence demonstrating that such objectives have been achieved, which may include evidence of actual costs.

2.Installment amounts shall constitute twenty-five percent (25%) of the total grant amount and shall be disbursed following a quarterly schedule over the course of one (1) year, or other schedule as approved by the Commission.

3.Approved social equity applicants receiving grant funds shall comply with all reporting requirements, which may include but not be limited to progress and/or spending reports. Scheduled installment payments shall only be disbursed upon evidence of the resource applicant’s compliance with all reporting requirements.

4.Eligible and Non-Eligible Uses of Grant Funds

a.All eligible uses for grant funds, and documentation thereof, are subject to approval by the Commission.

b.The Commission shall consider the following to be presumptively eligible uses of grant funds, subject to approval by the Commission:

(1)Ordinary and necessary expenses to establish and/or operate a cannabis establishment, including:

(A)Employee payroll wages and expenses;

(B)Real estate rental expenses;

(C)Mortgage payments;

(D)Utility and overhead expenses;

(E)Business supplies;

(F)Construction and furnishing expenses;

(G)Professional services; and

(H)Any other expense approved by the Commission as constituting an ordinary and necessary expense to establish and/or operate a cannabis establishment.

c.The Commission shall consider the following non-exclusive list to be presumptively non-eligible uses of grant funds:

(1)Cannabis or cannabis product inventory;

(2)Stock options;

(3)Payments to investors;

(4)Expenses related to the purchase of real estate or property;

(5)Demolition of an existing structure;

(6)Costs incurred outside of the approved timeline specified in the grant agreement; and

(7)Any other expense determined by the Commission to not constitute an ordinary and necessary expense to establish and/or operate a cannabis establishment.

D.Applications for Programming Resources

1.Resource applicants who are approved to receive resources from the Social Equity Assistance Program and Fund for programming as set forth in R.I. Gen. Laws § 21-28.11-31(b)(3) and § 1.12.1(C)(3) of this Part shall enter into a formal resource agreement before any resources will be disbursed.

2.The resource agreement shall include, but not be limited to, the following terms and information:

a.The total resource or monetary amount;

b.A description of terms, including a requirement that resource amounts shall only be used for the specific purpose, recipient, and/or function(s) set forth in the agreement;

c.A schedule of disbursement of any monetary amounts;

d.Reporting requirements;

e.Program evaluation requirements;

f.Restrictions, including a provision prohibiting transfer of the agreement and/or resources;

g.Revocation and indemnification provisions; and

h.All other information or terms specified by the Commission as described in the agreement.

3.The Commission shall cancel a previously issued resource application approval for programming if the formal resource agreement is not executed by the resource applicant within ninety (90) days of receipt of the agreement.

4.Resource applicants receiving resources for programming shall comply with all reporting requirements, which may include but not be limited to progress and/or spending reports. Monetary payments shall only be disbursed upon evidence of the resource applicant’s compliance with all reporting requirements.

1.12.7Revocation

A.The Commission may deny, rescind or revoke any previously issued approval for resources or resources from the Social Equity Assistance Program and Fund.

B.If at any time any information provided by the resource applicant in its application, formal resource agreement and/or supporting or associated documents is found to be knowingly and/or willingly false, the Commission shall deny the further issuance of or revoke any issued or approved resource in whole or in part. Such revocation shall be in addition to any other criminal or civil penalties that the resource applicant and/or associated persons may be subject to under applicable law.

C.The Commission shall deny the issuance of or revoke any monetary resources awarded or disbursed if a resource applicant or any key person of an associated cannabis establishment or association is convicted of bribery, fraud, theft, embezzlement, misappropriation, and/or extortion involving the State, any state agency or political subdivision of the state, any federal or municipal agency.

D.The Commission may provide for additional rights and remedies in any resource agreement under this Part, which will be in addition to the rights provided under these regulations.

E.The Commission may seek reimbursement or engage in litigation or prosecution for any misuse or misappropriation of any resources issued from the Social Equity Assistance Program and Fund.

F.Disbursed resources that have subsequently been revoked by the Commission shall constitute debt to the state in accordance with R.I. Gen. Laws § 21-28.11-28.

1.12.8Commission Discretion and Judicial Review

A.The Commission shall not have any obligation to issue any resource, grant or waiver under the Social Equity Assistance Program and Fund, or to make any other approval or award of any benefit or resource under the Cannabis Act or these rules, and may, in its sole discretion, decline to issue any resource to any resource applicant and/or approved social equity applicant, including those who have submitted a completed application that otherwise meets the eligibility requirements of § 1.12.2(B) of this Part.

B.The Commission’s review of a resource application or subsequent decision regarding the approval or denial of the request for resources from the Social Equity Assistance Program and Fund shall not constitute a contested case under Subchapter 5 Part 1 of this Chapter and/or the APA, and no opportunity to object to a resource application shall be afforded, nor will further Commission review be available from a decision rendered by the Commission in connection with any resource application.

1.12.9Examination and Inspection Rights

A.The Commission shall have the right at reasonable times to inspect any cannabis establishment that is associated with a resource application during the term of a resource agreement and have access to all equipment and supplies in the cannabis establishment for the purpose of ensuring compliance with any resource agreement, the Cannabis Act, and/or all rules and regulations promulgated thereunder. R.I. Gen. Laws § 21-28.11-5(a)(20).

B.The Commission may examine any books, papers, records or memoranda bearing upon the approval of any resource(s) awarded by the Commission from the Social Equity Assistance Program and Fund, and may require the attendance of any person executing any application, document, report or other statement, or of any key person or other person associated with the cannabis establishment, and may examine such person under oath respecting any matter which the Commission deems pertinent or material in determining the eligibility for resources awarded under the Cannabis Act and/or these regulations. R.I. Gen. Laws § 21-28,11-5(a)(20) and (23).

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-10-1 § 1.13 Cannabis Testing Laboratories

A.Cannabis testing laboratories shall comply with all applicable requirements set forth in the Cannabis Act, the Medical Marijuana Act, these regulations and RIDOH’s testing regulations, 216-RICR-60-05-6.

B.The Commission hereby adopts RIDOH’s testing regulations, and RIDOH will continue to license cannabis testing laboratories under 216-RICR-60-05-6.

C.The Commission may enforce any violations of the Cannabis Act, the Medical Marijuana Act, these regulations, and/or 216-RICR-60-05-6 by a cannabis testing laboratory pursuant to the procedures set forth in Subchapter 5 Part 1 of this Chapter.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-10-1 § 1.14 Fees

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-10-1 § 1.15 Severability

A.If any section, term, or provision of these regulations should be adjudged invalid for any reason, that judgment should not effect, impair, or invalidate any remaining section, term, or provision, which shall remain in full force and effect.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-10-2 Operational Requirements for Cannabis Establishments

560-RICR-10-10-2 § 2.1 Authority and Purpose

A.R.I. Gen. Laws § 21-28.11-5 authorizes the Commission to promulgate regulations for the operation of Cannabis Establishments in accordance with the provisions of the Cannabis Act and the Medical Act, including but not limited to minimum oversight requirements, minimum record-keeping requirements and minimum security requirements.

B.The purpose of this Part is to set forth the operational requirements for cannabis establishment licensees as provided for in the Cannabis Act, the Medical Marijuana Act, and all regulations promulgated thereunder.

History

• Amendment — effective from 2026-03-17 to current
• Adoption — effective from 2025-05-01 to 03/17/2026

560-RICR-10-10-2 § 2.2 Definitions

A.In addition to the terms defined in R.I. Gen. Laws §§ 21-28.11-3, 21-28.6-3, and all other Parts of this Chapter, for this Part the following terms shall have the following meanings:

1."Advertising" means the act or practice of calling public attention to one’s product or service.

2."Cannabinoid profile” for purposes of these Regulations means amounts expressed as the dry-weight percentages, unless otherwise specified by the Commission, of delta-9-tetrahydrocannabinol, cannabidiol, tetrahydrocannabinolic acid, cannabidiolic acid and any other advertised cannabinoid. Amounts of other cannabinoids may be required by the Commission.

3.“Cannabis” or “Marijuana” means all parts of the plant cannabis sativa L., whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, but shall not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks, (except the resin extracted from it), fiber, oil or cake, or the sterilized seed from the plant which is incapable of germination. Cannabis shall not include hemp as defined in R.I. Gen. Laws § 2-26-3. Cannabis sub-categories include but are not limited to:

a.“Cannabis infused products” means product infused with cannabis or an extract of cannabis that is intended for use or consumption other than by smoking or vaping, including but not limited to edible and ingestible/non-edible products.

(1)“Edible” means any product consumed orally that is not otherwise considered an ingestible and is approved for sale by the Commission.

(2)“Ingestible” or “Non-edible” means any topical, transdermal patch, tincture, capsule or other non-edible product approved for sale by the Commission.

b.“Concentrate” or “Extract” is any type of cannabis product that is refined from usable cannabis into a more homogenized form of usable cannabis including but not limited to hash, supercritical CO2 oil, hash oil, shatter, budder, wax, and rosin.

c.“Dried cannabis” means the leaves and flowers of the cannabis plant after the wet harvested leaves and flowers of the cannabis plant have undergone the drying process and may be capable of combustion.

(1)A batch of dried cannabis means cannabis that is cultivated utilizing the same growing practices, harvested within a 72-hour period at the same location and cured under uniform conditions.

(2)A batch of dried cannabis shall not exceed fifteen (15) pounds for the purpose of sampling for required testing and shall not consist of more than one strain, cultivar, or genetic composition.

d.“Immature cannabis plant” means a cannabis plant that is less than eight inches (8”) in height, whether rooted or unrooted, with no observable flowers or buds.

e.“Mature cannabis plant” means a cannabis plant that has reached a height of eight inches (8”) or taller or that has flowers or buds that are readily observable by an unaided visual examination.

f.“Plant” means collectively or independently “mature cannabis plants” and/or “immature cannabis plants” as the context requires.

g.“Seedling” means the initial growth stage of a cannabis plant after germination, beginning once the cannabis seed has germinated and the first set of true leaves have emerged from the seed shell.

h.“Unusable cannabis” means cannabis seeds, stalks, unusable roots and other unusable portions of a cannabis plant that shall not count towards any regulated weight-based possession limits established in the Cannabis Act, the Medical Marijuana Act and these Regulations.

i.“Usable cannabis” means the leaves and flowers of a cannabis plant, and any mixture or preparation thereof, but does not include the sterilized seeds, stalks, and roots of the plant.

j.“Wet cannabis” means the harvested leaves and flowers of the cannabis plant before they have reached a dry state. Pursuant to § 2.5 of this Part, cannabis that has been dried and shall be assumed to have yielded twenty percent (20%) of the weight of the wet cannabis.

4.“Canopy” means the total surface area within a cultivation area that is dedicated to the cultivation of mature cannabis plants. The surface area of the canopy is calculated in square feet and measured using the outside boundaries of the area and must include all of the area within the boundaries. If the surface area of the canopy consists of noncontiguous areas, each component area must be separated by identifiable boundaries. If a tiered or shelving system is used in the cultivation area, the surface area of each tier or shelf must be included in calculating the area of the canopy. The canopy does not include the areas within the cultivation area that are used to cultivate immature cannabis plants and seedlings and that are not used at any time to cultivate mature cannabis plants.

5.“CBD” means cannabidiol, which is a cannabinoid found in the cannabis plant.

6.“Child Resistant” means packaging in accordance with the Poison Prevention Packaging Act of 1970, 16 C.F.R. Part 1700 (2019), as amended, incorporated at § 2.3(A) of this Part.

7.“Closed-loop system” means machinery in which volatile hydrocarbon substances are self-contained without the loss/escape of said substances.

8.“DEM” means the Rhode Island Department of Environmental Management or its successor agency.

9.“Design plans” means all relevant engineering and/or architectural graphics, blueprints, construction phasing schedules, or any other documentation produced or relied upon by the Rhode Island Registered Professional Engineers and Registered Architects, as applicable, identified in §§ 2.20(C)(2)(a)(5) and 2.20(C)(4) of this Part.

10.“Embargo” means an administrative hold placed on cannabis, cannabis products, and/or in progress cannabis material by the Commission or its authorized representatives in response to an actual or suspected violation of the Cannabis Act as described in Part 05-1 of this Chapter. Such administrative holds may be both physical, whereby the licensee is prohibited from physically moving the identified cannabis within the cannabis establishment, and/or virtual whereby the licensee is prohibited from changing the status of the identified cannabis within the cannabis seed-to-sale tracking system.

11.“External inventory source” or “External source” means an entity separate and distinct from a particular cannabis establishment that provides cannabis to the cannabis establishment.

12.“Final certification” means the ultimate approval given by the Commission to a licensee which is required prior to commencing Volatile Solvent-Based Hydrocarbon Extraction operations.

13.“Harvest date” means the date when a cannabis crop ends flowering and is harvested so that the cannabis can be dried, trimmed and cured.

14."Immediate container” means the container or other form of packaging immediately in contact with the cannabis product.

15.“Licensed cannabis retailers” means any cannabis establishment licensed to sell directly to consumers pursuant to R.I. Gen. Laws §§ 21-28.6-12, 21-28.11-10, and 21-28.11-10.2.

16."Outer packaging” or “Secondary container” means the form of packaging in which an immediate container is placed.

17.“Print media” means any publication made physically available.

18.“Process validation” means the collection and evaluation of data from the process design stage throughout production, which establishes scientific evidence that a process is capable of consistently delivering quality products.

19.“QR code” means a multi-dimensional symbol located on a product package that encodes stored text and data that may be viewed by a user upon scanning.

20.“Quality control sample” pursuant to § 2.10(E) of this Part means a sample of a licensee's own product provided to commercial cardholders of the licensee for internal quality control and product development purposes.

21.“Quarantine” means the required physical storage and/or identification of certain cannabis or cannabis product to prevent distribution or transfer of the product, in a physically separate area clearly identified for such use or through other procedures as defined by the Commission. For purposes of these Regulations the term quarantine includes virtual quarantine, which may be imposed though the cannabis track-and-trace system in lieu of or in addition to physical quarantine.

22."Radio" means a system for transmitting sound without visual images, and includes broadcast, cable, on-demand, satellite or internet programming. Radio includes any audio programming downloaded or streamed via the internet such as podcasts.

23."Remediation” means the process of reducing or eliminating contaminants from cannabis or cannabis products using physical, chemical or biological means.

24.“Retail-ready” or “Retail-ready cannabis product” means cannabis product that has gone through all the necessary requirements and is ready for sale and consumption.

25.“Seed to sale” means all cannabis establishment regulated activities and transactions from point of origin to the point of sale. Seed to sale activities and transactions include but are not limited to: all cultivation, harvest, processing, manufacturing, and packaging and labeling; all purchases, acquisitions or third party supply of cannabis; all sales and dispensing transactions; any other transfers of cannabis as permitted by the Cannabis Act, the Medical Marijuana Act and any regulations promulgated thereunder; any instances of destruction of cannabis; and testing compliance tracking.

26.“Seed-to-sale tracking system” or “Cannabis seed-to-sale tracking system” means any system(s) designated by the Commission and/or RIDOH designed and used to record and track all seed to sale activities and transactions which may include the use of unique identifiers. The seed-to-sale tracking system may also be used for registration, licensing, and tagging applications, renewals, change of information, and communications, as well as to record and/or report any other additional information as directed by the Commission and/or RIDOH.

27.“Single serving unit” as used in the cannabis equivalency table located in § 2.5 of this Part means no more than 10 mg of THC per single serving unit.

28.“Standard operating procedures” or “SOPs” means step-by-step instructions which explain the order of tasks required to safely and properly conduct a specific activity.

29.“Tamper evident” means a device or process that makes unauthorized access to the protected object easily detected. Seals, markings, or other techniques may be tamper indicating.

30."Television" means a system for transmitting visual images and sound that are reproduced on screens, and includes broadcast, cable, on-demand, satellite, or internet programming. Television includes any video programming downloaded or streamed via the internet.

31.“Testing agent” means an employee of an approved cannabis testing laboratory or other entity who performs independent testing of cannabis and/or cannabis products in accordance with the RIDOH Testing Regulations.

32."THCA” means tetrahydrocannabinolic acid, which is a cannabinoid found in the cannabis plant.

33.“THC” means tetrahydrocannabinol, the principal psychoactive constituent of cannabis, and includes but is not limited to delta-9-tetrahydrocannabinol, tetrahydrocannabinol acid and/or the natural or synthetic equivalents of the substances contained in the plant, or in the resinous extractives of, cannabis sativa L., or any synthetic substances, compounds, salts, or derivatives of the plant or chemicals and their isomers.

34.“Total potential THC” means the potential amount of total THC found in a cannabis plant or product by using the equation Total Potential THC = (.877 x THCA%) + delta-9-THC% or another equation or methodology approved by the Commission and/or RIDOH.

35."Trade sample” means a limited amount of cannabis or cannabis product that has been designated by a cultivator or manufacturing licensee to be provided to a retail licensee for the purposes of targeted advertising and product education.

36.“Volatile hydrocarbon substance” means any substance that is likely to change into a gas and, pursuant to § 2.20 of this Part and for the purposes of this Part, is limited to butane, propane, ethanol, or a different volatile hydrocarbon substance which is preapproved by the Commission.

37."Volatile solvent-based-hydrocarbon extraction” means a manufacturing process in which a volatile hydrocarbon substance, as permitted in § 2.20 of this Part, is combined with cannabis within pre-approved machinery to produce cannabis concentrate.

History

• Amendment — effective from 2026-03-17 to current
• Adoption — effective from 2025-05-01 to 03/17/2026

560-RICR-10-10-2 § 2.3 Incorporation by Reference

A.These Regulations hereby adopt and incorporate 16 C.F.R. Part 1700 (2019) of the Poison Prevention Packaging Act of 1970 by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these Regulations.

B.These Regulations hereby adopt and incorporate 21 C.F.R. Part 101 (2019) (Food Labeling) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these Regulations.

C.These Regulations hereby adopt and incorporate the EPA’s Active Ingredients Eligible for Minimum Risk Pesticide Products and Inert Ingredients Permitted in Minimum Rist Pesticide Products, 40 C.F.R. § 152.25 (January 2023), by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these Regulations.

History

• Amendment — effective from 2026-03-17 to current
• Adoption — effective from 2025-05-01 to 03/17/2026

560-RICR-10-10-2 § 2.4 Product Designation

2.4.1Authority and Applicability

A.Cannabis and cannabis products may only be used by persons twenty-one (21) years or older or patient cardholders and may only be sold to or possessed by persons twenty-one (21) years or older, patient cardholders, registered caregivers, or authorized purchasers pursuant to the Cannabis Act, the Medical Marijuana Act, and these Regulations.

B.Cannabis and cannabis products may not be sold, possessed, manufactured, or used except as permitted under the Cannabis Act, the Medical Marijuana Act, and these Regulations.

C.Retail-ready cannabis product and medical use only cannabis product designation(s) may be withdrawn, denied or revoked by the Cannabis Office if the product fails to satisfy any provision of the Cannabis Act, the Medical Marijuana Act and/or these Regulations, or if the product deviates or is altered from a previously approved form.

D.Retail cannabis establishments may only dispense products designated for retail sale to consumers as specified in the Cannabis Act and may only dispense products designated for medical use to qualified patients, registered primary caregivers, and authorized purchasers who possess a valid and unexpired registry identification card.

2.4.2Cannabis Products Designated for Retail Sale

A.To have any cannabis product designated for retail sale, a product must:

1.Comply with a pre-approved retail-ready designation list of products published by the Commission; or

2.Be approved by the Commission as a retail-ready cannabis product and added to the approved retail ready product designation list prior to sale or distribution of the product.

B.At the time of application for retail-ready cannabis product designation, the cannabis establishment shall submit any known health impacts, both positive and negative, associated with the product to the Commission.

C.The Commission will not designate any product as retail ready if:

1.The Commission has received information, data or research that such product is not safe for its intended use;

2.Anything about the product targets or is appealing to minors.

2.4.3Cannabis Concentrates intended to be inhaled, vaporized or aerosolized

A.For cannabis concentrate forms, the Commission will not designate a product as retail-ready cannabis if:

1.Flavoring or coloring has been added except for flavors or coloring that are derived solely from cannabis and/or hemp and have been procured in accordance with applicable Rhode Island laws; or

2.Unapproved additives have been added to the product, including but not limited to cutting agents or chemical such as nicotine.

2.4.4Smokable Products

A.For smokable product forms, the Commission will not designate a product as retail-ready cannabis if:

1.The product has been combined with tobacco, nicotine, caffeine, or any other substance not approved by the Commission.

2.4.5Infused Cannabis Products

A.For infused cannabis product forms, the Commission will not designate a product as retail-ready cannabis if the product:

1.Appeals to minors, whether by shape, color, and/or placement on a stick for consumption;

2.The product is not of a geometric shape or is in a shape that appeals to minors, including any human shape, animal shapes, cartoon characters or any other shape that is especially attractive or enticing to children as determined by the Commission;

3.Is in the shape of a cannabis leaf or plant;

4.The product is a fluorescent or neon color;

5.Imitates or has a resemblance to any existing branded consumer products, including foods, snacks, candies and beverages that do not contain cannabis; or

6.Causes a reasonable consumer confusion as to whether the cannabis product is a trademarked product.

2.4.6Cannabis Products Designated for Medical Use Only

A.To have a cannabis product designated for medical use only, a product must:

1.Be approved to be designated as a cannabis product for medical use only by the Commission prior to sale or distribution of the product.

2.Products eligible to be designated for medical use only include the following ingestible/non-edible cannabis products:

a.Capsules for oral consumption;

b.Topicals including transdermal topicals;

c.Metered dose inhalers;

d.Tinctures;

e.Extract; and

f.Any other product form approved by Commission.

3.Products designated for medical use only are exempt from per serving and per package THC limits.

History

• Amendment — effective from 2026-03-17 to current
• Adoption — effective from 2025-05-01 to 03/17/2026

560-RICR-10-10-2 § 2.5 Cannabis Equivalency Table

History

• Amendment — effective from 2026-03-17 to current
• Adoption — effective from 2025-05-01 to 03/17/2026

560-RICR-10-10-2 § 2.6 Packaging Requirements for Retail-Ready Cannabis Products

A.These retail-ready cannabis product packaging requirements for cannabis establishment licensees are promulgated pursuant to R.I. Gen. Laws §§ 21-28.11-5(b)(19), 21-28.6-12(f) and 21-28.6-16(g).

B.Cannabis establishment licensees shall have one hundred and eighty (180) calendar days from the effective date of these Regulations to comply with these requirements.

C.Cannabis retail establishment licensees are responsible for ensuring all cannabis and cannabis products are retail-ready and in compliant packaging prior to sale.

D.In addition to any other requirements pursuant to § 2.7 of this Part, any package containing retail-ready cannabis product must:

1.Fully enclose the product;

2.Protect the product from contamination;

3.Be tamper evident;

4.Not display fluorescent or neon colors;

5.Not impart any toxic or deleterious substance to the cannabis product;

6.Be child resistant, as defined in § 2.2 of this Part; and

7.Be able to be resealed in a child resistant manner unless the package contains a single-serving or application of retail-ready cannabis-infused product pursuant to §§ 2.6(F) and (H) of this Part respectively.

E.Exit Package

1.Except for retail-ready cannabis-infused products, upon Commission approval, any other retail-ready cannabis product placed into a container that is not child-resistant shall be placed into a child-resistant exit package at the point of sale.

2.The exit package is not required to be labeled pursuant to § 2.7 of this Part if the package(s) within the exit package containing the retail-ready cannabis product comply with all packaging and labeling requirements pursuant to §§ 2.6 & 2.7 of this Part.

F.Additional Packaging Requirements for Retail-Ready Edible and Ingestible Cannabis-Infused Products

1.A single serving unit shall not exceed ten (10) milligrams (“mgs”) of total potential THC.

2.A single serving unit, if sold individually, shall be placed into a child-resistant container that may or may not be resealable.

3.Multiple single serving units may be placed together into a single child resistant and resealable package, so long as the total potential THC per package does not exceed one hundred (100) mgs.

4.Multiple packages may be bundled and sold together so long as the:

a.Total potential THC per serving unit does not exceed ten (10) mgs;

b.Total potential THC per package does not exceed one hundred (100) mgs; and

c.Total potential THC per bundled package does not exceed the maximum amount a purchaser can possess pursuant to the Cannabis Act, the Medical Marijuana Act and the equivalency table in § 2.5 of this Part.

5.The allowable variation for total potential THC concentration between actual testing results and the intended package or serving shall not exceed ten percent (10%).

6.Retail-Ready Edible Cannabis-Infused Products in Liquid Form

a.If packaged as a single serving unit, the container may be sealed using a metal crown cork style bottle cap.

b.If containing multiple serving units, the container must have a resealing cap or closure which maintains child resistance compliance.

c.If containing multiple serving units must include a measuring device such as a measuring cap, cup or dropper with the package containing the retail-ready cannabis product. Hash marks on the package do not qualify as a measuring device.

G.Additional Packaging Requirements for Retail-Ready Cannabis Concentrates Intended for Inhalation

1.Cartridges and any other devices, as determined by Commission, shall receive a consumer testing certificate that shows it is safe for its intended use which is subject to Commission review.

2.Electronic vaporization devices must have internal or external temperature controls to prevent combustion and have a heating element made of inert material.

H.Additional Packaging Requirements for Retail-Ready Cannabis-Infused Products intended for Topical Application

1.A single application unit, if sold individually, shall be placed into a child-resistant container that may or may not be resealable.

2.Multiple application units may be combined into a single child resistant and resealable package, so long as the total potential THC per package does not exceed one hundred (100) mgs.

3.Multiple packages may be bundled and sold together so long as the total potential THC per bundled package does not exceed the maximum amount an adult-use consumer can possess pursuant to the Cannabis Act and the equivalency table in § 2.5 of this Part.

I.Additional Packaging Requirements for Retail Ready Cannabis Infused Ingestible Tinctures

1.Total potential THC per package shall not exceed 500 mgs.

J.Ingestible products designated as medical cannabis by the Commission shall adhere to all packaging requirements set forth in § 2.6 of this Part. Medical cannabis serving size and total potential THC limits are subject to the maximum amount a patient can possess pursuant to the Medical Marijuana Act and the equivalency table in § 2.5 of this Part.

History

• Amendment — effective from 2026-03-17 to current
• Adoption — effective from 2025-05-01 to 03/17/2026

560-RICR-10-10-2 § 2.7 Labeling Requirements for Retail-Ready Cannabis Products

2.7.1Authority and Applicability

A.These retail-ready cannabis product labeling requirements for cannabis establishment licensees and are promulgated pursuant to R.I. Gen. Laws §§ 21-28.11-5(b)(19), 21-28.6-12(f) and 21-28.6-16(g).

B.Cannabis establishment licensees shall have one hundred and eighty (180) calendar days from the effective date of these Regulations to comply with these requirements.

C.Cannabis retail establishment licensees are responsible for ensuring all cannabis products are retail-ready prior to sale.

2.7.2General Labeling Requirements

A.Each package containing retail-ready cannabis products must be labeled with all required information in accordance with this Section prior to sale.

B.Labeling text must be:

1.No smaller than size 6 font, unless otherwise specified;

2.In Times New Roman, Calibri, Arial, Helvetica or any other font determined by the Commission to be easily read;

3.Legible; and

4.Clearly written or printed in the English language.

C.In addition to the required English language label, an additional, accurate foreign language translation label that complies with these Rules may be utilized.

D.All required information must be visible, unobstructed and conspicuous. Multiple labels may be affixed to the package, provided that no required information is obstructed.

E.All packages containing retail-ready cannabis products must be clearly labeled with the following information:

1.The business(es) or tradename(s) and license number(s) of the cannabis establishment(s) who cultivated, manufactured and/or produced the product;

2.The unique identifier generated by the cannabis seed-to-sale tracking system;

3.The cannabinoid profile as provided by a licensed cannabis testing laboratory;

a.A cannabis establishment must provide the results of all required tests for any cannabis or cannabis product upon request by the Commission.

4.A Commission-selected universal warning symbol must appear on the front or most predominantly displayed area of the package, no smaller in size than one (1) inch by one (1) inch;

a.Vape cartridges must include the Commission-selected universal warning symbol in a manner that is clear and conspicuous either printed directly on the cartridge or attached to the cartridge as a sticker and may be smaller in size than one (1) inch by one (1) inch, but not less than ¼ inch by ¼ inch.

5.For cannabis products made of raw flower, including but not limited to packaged flower and pre-rolls, the harvest date of the earliest material harvested;

6.For manufactured cannabis products, the date on which the manufacturing batch was created;

7.For cannabis products containing both raw flower and manufactured cannabis, the harvest date of the earliest material harvested;

8.Poison Control Contact Information, “American Association of Poison Control Center (800) 222-1222”;

9.For smokable and vapable products, the net weight of the retail-ready cannabis product prior to its placement in the package, using a standard of measure compatible with the cannabis seed-to-sale tracking system; and

10.Any other information or text as required by the Commission.

F.Additional Labeling Requirements for Retail-Ready Cannabis Infused Products:

1.Cannabinoid profile must be stated per serving/application unit and per package in milligrams (mgs), and in a font larger than size 6, bolded and underlined so as to stand from surrounding text to the consumer;

2.If not fully homogenized, identification of what portion of the product contains the cannabinoids;

3.The serving/application size; and

4.The number of servings/applications per package.

G.All packages containing retail-ready cannabis products must be labeled with the following information, which may be placed on an insert, stated in a peel-back accordion, expandable or extendable label style so long as the label can be easily identified by a consumer as containing important information, or may be contained by a Commission-approved QR code:

1.A complete list of all nonorganic pesticides, herbicides, and fertilizers that were used in the cultivation and production of the retail-ready cannabis product;

2.For retail-ready cannabis infused products, the net weight or volume, as applicable, of the cannabis or cannabis product prior to its placement in a package, using a standard of measure compatible with the cannabis seed-to-sale tracking system;

3.Whether the product has been remediated and the remediation method used, if applicable, may be included;

4.For processed cannabis products, the processing technique or solvent(s) used to produce the product;

5.For processed cannabis products, a list of all chemicals, diluents, additives, ingredients and/or excipients used to produce and/or added to the cannabis product or that were added to the cannabis product;

6.For cannabis-infused products, a list of all ingredients used to manufacture the cannabis-infused product, including identification of any major allergens contained in the product in accordance with the Food Allergen Labeling and Consumer Protection Act of 2004, 21 U.S.C. § 343 (2019), specifically milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans and sesame;

7.For retail-ready cannabis-infused edible products, a nutritional fact panel in accordance with 21 C.F.R. Part 101, incorporated above at § 2.3 of this Part; and

8.A statement that the cannabis in the product has been tested by a regulated cannabis testing facility and has passed all required contaminant tests.

2.7.3Imprinting of the Universal Symbol

A.Unless deemed impracticable by the Commission, each single standardized serving unit of a cannabis-infused product shall be marked, stamped, imprinted or individually wrapped with a Commission-selected universal symbol directly on at least one side of the cannabis-infused product in a manner to cause the universal symbol to be distinguishable and easily recognizable. The universal symbol marking shall:

1.Be centered either horizontally or vertically on each standardized serving of retail-ready cannabis product; and

2.If only imprinted on one side, the imprinted side must be the front or most predominantly displayed area of cannabis-infused product; and

3.If centered horizontally on a serving, the height and width of the universal symbol shall be of a size that is at least twenty-five percent (25%) of the serving’s width, but not less than ¼ inch by ¼ inch; or

4.If centered vertically on a serving, the height and width of the universal symbol shall be of a size that is at least twenty-five percent (25%) of the serving’s height, but not less than ¼ inch by ¼ inch.

B.Unless specifically determined by the Commission to be impracticable, the following categories of cannabis-infused products are considered to be per se practicable to mark with the universal symbol:

1.Chocolate;

2.Soft confections;

3.Hard confections or lozenges;

4.Consolidated baked goods (e.g., cookies, brownies, cupcakes, granola bars); and

5.Pressed pills and capsules.

2.7.4Requirements for Small Containers

A.If the immediate container holding the retail-ready cannabis product is too small to fit all of the label information required by this Section, the following minimum information, in accordance with this Section, is required to be placed on a label that is securely affixed to the immediate container:

1.A Commission-selected universal warning symbol;

2.Cannabinoid profile;

3.Tradename of the producer of the product;

4.Product identity (i.e., flower, concentrate type); and

5.“Warning: This product contains cannabis. Store securely locked away from children.”

B.The immediate small container must be placed into a secondary container that fully complies with the requirements of this Section, including but not limited to required label information set forth in § 2.7.2 and all required warnings set forth in § 2.7.6.

C.If the immediate container and secondary container are not child-resistant, both containers must be placed into a child-resistant exit package in compliance with § 2.6(E) upon sale.

2.7.5Prohibitions

A.Any logo or graphic that appears on retail-ready packaging must not:

1.Reasonably appear to target individuals under the age of twenty-one (21), including but not limited to, the use of animal characters, toys, cartoon characters or similar images.

2.Imitate or have a resemblance to any existing branded consumer products, including foods and beverages that do not contain cannabis, unless approved by the Commission.

3.Include images of children or minors.

4.Include images of or any person using or consuming the product.

5.Include words, a design or brand that resembles a product that is commonly associated with children or minors or marketed to children or minors.

6.Include symbols or celebrities that are commonly used to market products to minors.

7.Include the word or make any reference to “candy” or “candies”.

8.Include any false or misleading statements, including any statements regarding curative or unproven therapeutic effects to the consumer.

9.Include any seal, flag, crest, coat of arms, or other insignia that could reasonably mislead any reasonably prudent person to believe that the product has been endorsed or manufactured by the State of Rhode Island or any agency or municipality thereof.

10.Cause a reasonable consumer confusion as to whether the cannabis product is a trademarked product.

11.Violate any state or federal trademark law or regulation.

2.7.6Warnings

A.Warnings on all retail-ready cannabis products must:

1.Be in the English language;

2.Be in Times New Roman, Calibri, Arial, Helvetica or any other font that can be easily read;

3.Be in text no smaller than size 8 font and in bold;

4.Not be covered or obscured; and

5.Be displayed in a bright yellow box as to stand out from other labeling requirements, unless otherwise stated.

B.The following warnings must be displayed on all retail-ready cannabis products, preceded either collectively or individually by the term “Warning”:

1.“This product contains cannabis. Store securely locked away from children.”

2.“It is unlawful to transport this product outside of Rhode Island.”

3.“Cannabis use may impair your ability to operate a motor vehicle or machinery.”

4.“Consumption while pregnant or breastfeeding may be harmful.”

5.For cannabis products intended to be smoked or vaporized:

a.“Smoking and Vaping is hazardous to your health.”

6.For all cannabis-infused products, it must state in slightly larger or bold font as to stand out from surrounding text, with priority placement:

a.“Effects of this product may be delayed.”

7.For all cannabis-infused topical products, it must state:

a.“For Topical Application – Do Not Eat or Smoke.”

C.Cannabis establishments shall post any additional warnings at the point of sale as may be required by the Commission, including but not limited to any point of sale informational materials created by the Commission and provided to the licensee to clearly display or disseminate to customers.

History

• Amendment — effective from 2026-03-17 to current
• Adoption — effective from 2025-05-01 to 03/17/2026

560-RICR-10-10-2 § 2.8 Advertising

A.In accordance with R.I. Gen. Laws § 21-28.11-5(b)(20), the Commission is authorized to implement requirements and restrictions for advertising, marketing and branding of cannabis and cannabis products for cannabis establishment licensees in accordance with the Cannabis Act, the Medical Marijuana Act, and any other relevant provision of law.

B.Permitted Advertising

1.Advertising may be conducted by cannabis establishment licensees as permitted by law.

2.Advertising may include:

a.Online media, including cannabis establishment websites, video advertisements, social media, and pop-up advertisements;

(i)Cannabis establishment websites and online media advertisements shall only be accessible to those twenty-one (21) years of age or older.

b.Broadcast media, including radio, television, and film;

c.Print media, including newspapers, magazines, and direct mail;

d.Outdoor media, including billboards and street furniture; or

e.Any other advertising media as approved by the Commission.

3.Advertising must clearly and conspicuously include:

a.The required universal symbol in color;

b.The cannabis establishment license number;

c.“For Ages 21+ and medical cannabis patients”; and

d.Any other information required by the Commission.

4.Advertising shall not:

a.Suggest or imply that cannabis has curative or unproven therapeutic effects;

b.Reasonably appear to target individuals under the age of twenty-one (21);

c.Include images, symbols, wording or fonts that could be attractive to children, including but not limited to the use of animal characters, toys, cartoon characters, cartoon writing or similar images;

d.Contain florescent or neon colors;

e.Include images of children or minors;

f.Display the consumption, use, or transfer of cannabis or cannabis products;

g.Contain material that encourages excessive consumption;

h.Be combined with content relating to alcohol, nicotine, or any other regulated and/or controlled substance;

i.Be displayed or disseminated within five hundred (500) feet of a pre-existing public or private K-12 school;

j.Depict activities or persons in conditions under the influence of cannabis, including but not limited to operating a motorized vehicle, boat, or machinery, or persons who are pregnant or breastfeeding; or

k.Violate any state or federal trademark law or regulation.

5.In the event a third party has used a cannabis establishment’s brand, trademark, brand name, location, or other distinguishing characteristics in an advertisement that does not comply with § 2.8 of this Part or any other statute, rule or regulation, the cannabis establishment must immediately notify the Commission and issue a cease-and-desist notice to such third party.

C.Cannabis establishments must take reasonable measures to ensure that the selected advertising medium targets an audience of which eighty-five (85%) percent of the population is reasonably expected to be twenty-one (21) years of age or older and shall adhere to the requirements of this Section. Cannabis establishments must provide reliable, verifiable, and current audience composition data if requested by the Commission.

History

• Amendment — effective from 2026-03-17 to current
• Adoption — effective from 2025-05-01 to 03/17/2026

560-RICR-10-10-2 § 2.9 Cannabis Seed-to-Sale Tracking System

A.Upon direction by the Commission and in accordance with R.I. Gen. Laws §§ 21-28.11-5(b)(12), 21-28.6-12(g)(3), and 21-28.6-16(d) each licensed cannabis establishment shall be required to utilize the state approved cannabis seed-to-sale tracking system to document and monitor compliance with the Cannabis Act, the Medical Marijuana Act and all regulations promulgated thereunder. Applicable licensees may be required to pay costs associated with use of the cannabis seed-to-sale tracking system which may be assessed on an annual, monthly, per use, or per volume basis and payable to the state or to its approved vendor.

B.All information related to the acquisition, propagation, cultivation, transfer, manufacturing, processing, testing, storage, destruction, wholesale and/or retail sale of all cannabis plants and inventory possessed by licensees and/or distributed at retail to consumers in accordance with the Cannabis Act, the Medical Marijuana Act and these Regulations must be kept up to date in the cannabis seed-to-sale tracking system, including but not limited to:

1.At least one owner and one compliance manager identified as administrators of the licensee’s system;

2.Employee access to the system and permission levels;

3.All areas in which cannabis will be cultivated, stored, processed, manufactured, dispensed, and/or sold;

4.Planting and propagation of plants;

5.Transition of immature to mature plants;

6.Harvest dates with yield documentation;

7.Destructions of immature plants, mature plants and cannabis products;

8.Transportation of immature plants, mature plants, and cannabis products;

9.Remediation of cannabis and cannabis products;

10.Theft of immature plants, mature plants, cannabis and cannabis products;

11.Adjustment of product quantities and/or weights;

12.Samples, including but not limited to quality control and trade samples;

13.Conversion of product types including waste documentation;

14.Required test results as reported by a licensed cannabis testing laboratory;

15.Retail and wholesale transaction data;

16.A complete inventory, including but not limited to:

a.Batches or lots of cannabis;

b.Batches or lots of concentrates;

c.Batches or lots of extracts;

d.Batches or lots of cannabis infused products;

e.Immature plants;

f.Mature plants; and

g.Cannabis waste;

17.Product compliance data; and

18.Any other information or technical functions the Commission deems appropriate.

History

• Amendment — effective from 2026-03-17 to current
• Adoption — effective from 2025-05-01 to 03/17/2026

560-RICR-10-10-2 § 2.10 Tagging of Plants and Cannabis Inventory

A.Unique identifier tags shall be placed in a manner to clearly display their association with a particular plant, plant material, or cannabis product as approved by the Commission. For example:

1.Affixed to the plant itself or, if the plant is not of a sufficient size to support the tag, the plant receptacle;

2.By labeling drying racks and other receptacles that wet cannabis dries on;

3.On a label affixed to a storage/transport package and/or retail-ready package; and/or

4.Any other means deemed appropriate by the Commission.

B.All cannabis inventory, including but not limited to immature plants, seeds, cannabis, cannabis derivatives, cannabis currently being processed, cannabis products and waste must be tagged with the following information unless otherwise approved by the Commission:

1.The licensee’s license number and tradename/business name;

2.The unique identifier generated by the cannabis seed-to-sale tracking system;

3.Strain name, if applicable;

4.Product name;

5.Product type;

6.The quantity of the product; and

7.Any other information or technical functions the Commission deems appropriate.

C.Each mature cannabis plant must be physically tagged and tracked individually with the following information unless otherwise approved by the Commission:

1.The licensee’s license number and tradename or business name;

2.The unique identifier generated by the cannabis seed-to-sale tracking system;

3.Strain name;

4.Date of creation; and

5.Any other information or technical functions the Commission deems appropriate.

D.External Inventory Sources

1.The transfer of seeds, immature plants, cannabis-derived terpenes, cannabis derived cannabinoids and any other inventory item from an external source may be transferred into a cannabis establishment licensee’s cannabis seed-to-sale tracking system and onto the physical licensed premises on a case-by-case basis with approval issued by the Commission.

2.All requests for transfers from external inventory sources shall be submitted in writing to the Commission and may be subject to additional requirements, documentation requests and/or an inspection.

E.Quality Control Sampling

1.Licensees shall utilize the cannabis seed-to-sale tracking system to dispense cannabis for quality control sampling purposes so long as the quality control sample:

a.Is dispensed only to an employee of the licensed cannabis establishment with an active and valid commercial card.

b.Is from a batch in which the cannabis product is in its final form and the cannabis seed-to-sale tracking system has been updated to reflect passing enforced compliance test results by a licensed testing facility in accordance with RIDOH Testing Regulations, 216-RICR-60-05-6.

2.No cannabis establishment shall dispense quality control samples to any individual commercial cardholder of the licensed cannabis establishment in excess of one (1) ounce of dried cannabis or its equivalent per month.

3.No individual commercial cardholder shall be dispensed an amount of cannabis in the form of quality control samples or trade samples which combined totals more than one (1) ounce of dried cannabis or its equivalent.

4.No cannabis establishment shall dispense quality control samples of cannabis that total more than one (1) ounce of dried cannabis or its equivalent per day.

F.Trade Samples

1.Licensees shall utilize the cannabis seed-to-sale tracking system to transfer, accept and dispense cannabis for trade sample purposes so long as:

a.The sample is transferred in accordance with the transportation requirements pursuant to § 2.16 of this Part;

b.No price is associated with the transfer;

c.The sample is dispensed only to employees of a licensed cannabis establishment who hold an active and valid commercial card.

d.The sample is from a batch in which the cannabis or cannabis product is in its final form and the cannabis seed-to-sale tracking system has been updated to reflect passing enforced compliance test results by a licensed testing facility in accordance with the RIDOH Testing Regulations, 216-RICR-60-05-6.

2.No licensee shall dispense trade sample(s) to any individual commercial cardholder of their licensed cannabis establishment which totals more than one (1) ounce of dried cannabis or its equivalent per month.

3.No licensee shall dispense trade samples of cannabis that total more than one (1) ounce of dried cannabis or its equivalent per day.

G.Any cannabis plant and/or cannabis inventory product found on a licensed premises and determined to not be in compliance with the Cannabis Act, the Medical Marijuana Act and/or these Regulations shall be subject to a quarantine issued by the Commission, and shall not be altered, moved and/or transferred physically or in the cannabis seed-to-sale tracking system until such time that the Commission has removed it from quarantine status.

H.The unique identifier tags may not be transferred or assigned except when affixed to cannabis plants, or cannabis inventory which are being sold/transferred/transported in accordance with §§ 2.11 and 2.16 of this Part.

I.Return of unique identifier tags upon revocation or abandonment of the license shall be specifically governed by the Commission which may include coordinated efforts with law enforcement.

J.Any recall of tags due to new technology shall be handled in accordance with further instruction provided by the Commission.

History

• Amendment — effective from 2026-03-17 to current
• Adoption — effective from 2025-05-01 to 03/17/2026

560-RICR-10-10-2 § 2.11 Permitted and Prohibited Sources of Cannabis; Contract Requirements; Sales and Transfers

A.Other than transfers from external sources as described in § 2.10(D) of this Part, licensed cannabis cultivators shall only sell to and receive cannabis and cannabis products from entities licensed pursuant to the Cannabis Act and the Medical Marijuana Act and in accordance with the permitted activities of each license type. R.I. Gen. Laws § 21-28.11-7(j).

1.As part of such sales transactions, licensed cannabis cultivators may transfer and transport cannabis and cannabis products to licensed cannabis establishments in accordance with § 2.16 of this Part; and

2.Licensed cannabis cultivators may only receive cannabis and cannabis products from a licensed cannabis establishment if the receipt is pursuant to a formal agreement;

a.However, licensed cannabis cultivators shall not distribute or sell any cannabis or cannabis products received from a licensed compassion center, hybrid retailer or retailer to any other retail cannabis establishment licensee.

B.Licensed cannabis product manufacturers may only purchase or receive cannabis for processing from licensed cannabis cultivators and transfer or sell cannabis products to entities licensed pursuant to the Cannabis Act and the Medical Marijuana Act. R.I. Gen. Laws § 21-28.11-9(a).

1.As part of such sales transactions, licensed cannabis product manufacturers may transfer and transport cannabis and cannabis products to licensed cannabis establishments in accordance with § 2.16 of this Part.

2.Licensed cannabis product manufacturers may only receive cannabis from licensed cannabis establishments if the receipt is pursuant to a formal agreement.

COther than transfers from external sources as set forth in § 2.10(D) of this Part, as applicable, a licensed compassion center, hybrid cannabis retailer, and/or other type of retail cannabis establishment shall only purchase or otherwise receive cannabis or cannabis products from a Rhode Island licensed cannabis cultivator or licensed cannabis product manufacturer with which it has a formal agreement.

1.Compassion centers, hybrid cannabis retailers and other retail cannabis establishments shall not sell or transfer cannabis or cannabis products to any other compassion center, hybrid cannabis retailer, or other retail cannabis establishment, or vice versa. R.I. Gen. Laws § 21-28.6-12(i)(3).

D.The requirements for a formal agreement shall be as follows:

1.A written executed contract or purchase order shall be required for all sales or services and shall contain the following minimum terms:

a.Date of execution/placement of the contract/purchase order;

b.Description and amount of product to be sold and/or services to be provided;

c.The total price and per unit price of the product to be sold and/or services to be provided;

d.The specific date or date range not spanning more than thirty (30) calendar days for fulfillment of the order, performance of the services, and delivery or pickup;

e.The payment due date, as specifically agreed between the parties, but if no date is specifically agreed to, payment shall be made within thirty (30) calendar days from the date of delivery or pickup; and

f.Contracts/purchase orders pursuant to this paragraph may not be modified but may be cancelled or voided by the creation of a new replacement contract/purchase order.

E.Permitted and Prohibited Sales and Transfers

1.Sales to adult-use consumers are only permitted if those intended purchasers are at least twenty-one (21) years of age and present a valid government issued identification card. Only cannabis and cannabis products that have been designated by the Commission in accordance with § 2.4 of this Part may be sold or distributed.

a.Sales to an adult-use consumer are limited to one (1) ounce of cannabis flower or its equivalent per day pursuant to R.I. Gen. Laws § 21-28.11-22.

2.Sales to qualifying medical patients, directly or through their caregivers or authorized purchasers, are only permitted if those qualifying patients, caregivers, or authorized purchasers are registered and compliant with the Medical Marijuana Act, the Cannabis Act, and these Regulations. Only cannabis and cannabis products that have been designated by the Commission in accordance with § 2.4 of this Part may be sold or distributed. For such sales, compassion centers and hybrid cannabis retailers shall be strictly bound by the dispensing limits of R.I. Gen. Laws § 21-28.6-12(g).

3.Sales to out-of-state patients

a.Compassion centers and hybrid cannabis retailers may conduct sales to out-of-state patient medical cardholders in accordance with R.I. Gen. Laws § 21-28.6-4(o), provided the receiving or purchasing patient has a valid medical cannabis card, or its equivalent, which has been issued by the applicable regulating authority for the medical cannabis program of the issuing U.S. state/jurisdiction/ territory. The patient must also possess and present a valid government issued identification matching the issuing state and the name on their medical cannabis card; licensees shall have one hundred and eighty (180) calendar days from the effective date of these Regulations to comply with this requirement. R.I. Gen. Laws §§ 21-28.11-5(b)(33) and 21-28.11-10(f).

b.Each patient verified pursuant to § 2.11(E)(3)(a) of this Part, shall complete a Commission approved intake form which includes at minimum the home state card registration number or, if the home state registration number is not available, a unique identifier assigned by the compassion center or hybrid cannabis retailer.

c.The compassion center or hybrid cannabis retailer shall log and track all transactions with each out-of-state patient cardholder in the cannabis seed-to-sale tracking system according to the issuing state’s patient card registration number or the unique identifier assigned to that person by the compassion center or hybrid cannabis retailer.

d.Out-of-state patient information shall be maintained confidentially in accordance with § 2.14(D)(2) of this Part.

e.The compassion center or hybrid cannabis retailer shall provide each out-of-state patient cardholder with a notice regarding the requirements and prohibitions under the Medical Marijuana Act, the Cannabis Act and these Regulations that apply to the dispensing and use of medical cannabis within the State of Rhode Island, including without limitation notice of medical cannabis dispensing and possession limits, prohibition of taking medical cannabis and medical cannabis products across state lines and prohibition of smoking in public places.

4.Delivery sales are deemed permitted provided that such sales comply with § 2.17 of this Part.

5.Any transfer to or from a third-party testing provider shall be in accordance with § 2.16 of this Part, the Cannabis Act, the Medical Marijuana Act and any regulations promulgated thereunder.

6.Unless specifically permitted by this Part, no other cannabis establishment licensee sales or transfers of cannabis or services are permitted.

History

• Amendment — effective from 2026-03-17 to current
• Adoption — effective from 2025-05-01 to 03/17/2026

560-RICR-10-10-2 § 2.12 Inventory Control

A.Upon direction by the Commission, each licensed cannabis establishment shall utilize the state approved cannabis seed-to-sale tracking system for all inventory tracking from seed to sale as defined in § 2.9 of this Part.

B.If the licensed cannabis establishment is notified by the Commission that the cannabis seed-to-sale tracking system is not available, the licensed cannabis establishment will be provided with direction as to alternative inventory control measures, which may include but may not be limited to the licensed cannabis establishment being directed to:

1.Conduct an initial comprehensive inventory of all cannabis, including but not limited to cannabis available for dispensing and/or sale, cannabis plants and seedlings, seeds, cannabis products and wet cannabis, at each authorized location on the date the licensed cannabis establishment first dispenses, or first cultivates cannabis, or as of another date certain set by the Commission.

2.Conduct daily subsequent comprehensive inventories.

3.Conduct a monthly inventory review of stored, cannabis and cannabis products, seeds, seedlings/immature plants, plants, and wet cannabis.

4.Upon request, the Commission may require a licensed cannabis establishment to implement and provide the results of alternative inventory control measures outlined above, regardless of the availability and use of the cannabis seed-to-sale tracking system.

C.Cannabis for “display purposes only” may be displayed on the retail sales floor during business hours and shall be securely kept, properly tracked in the cannabis seed-to-sale tracking system, and not sold or transferred to any consumer at retail.

D.Cannabis products designated as “Medical Use Only” shall be kept separate and apart from all other cannabis products and shall only be sold to medical patients, caregivers or authorized purchasers.

History

• Amendment — effective from 2026-03-17 to current
• Adoption — effective from 2025-05-01 to 03/17/2026

560-RICR-10-10-2 § 2.13 Minimum Security Requirements

A.R.I. Gen. Laws §§ 21-28.11-5, 21-28.11-17.1, 21-28.6-12(b)(1)(iv) and 21-28.6-16(b)(4) authorize the Commission to promulgate regulations regarding the minimum security requirements for licensed cannabis establishments.

B.The Commission’s general security requirements include that:

1.Each licensed cannabis establishment shall implement appropriate security and safety measures to deter and prevent the unauthorized entrance into areas containing cannabis and the theft of cannabis.

2.The use or carry of firearms on the premises and/or perimeter of the licensed cannabis establishment is a prohibited form of security, except by security guards licensed by the Office of the Rhode Island Attorney General pursuant to R.I. Gen. Laws Chapter 5-5.1 and who are under written contract to provide security services to licensed cannabis establishments, and by law enforcement personnel during duty.

3.The outside perimeter of a cannabis establishment shall be lighted as follows:

a.Retail premises shall be well-lit at all times. For any cultivation or manufacturing only site, the outside perimeter shall have adequate lighting to deter theft, which may include motion activated lighting, as approved by the Commission.

4.Any person who does not have a valid commercial identification card issued for the cannabis establishment premises who enters any area where cannabis and cannabis products are grown, cultivated, stored, weighed, packaged, processed, manufactured, or prepared for sale shall be considered a “visitor” and must be escorted at all times by a commercial card holder. Any visitor that regularly gains access to non-point of sales areas of the cannabis establishment may be required by the Commission to obtain a commercial identification card. A licensed establishment must maintain a visitor log for any such activity as detailed in § 2.13(H)(1)(d) of this Part.

5.Each licensed establishment shall ensure that cannabis and cannabis products are stored in a locked area. A licensed cannabis establishment shall use working commercial-grade, non-residential door locks at all points of ingress and egress.

6.Any individual who does not hold a commercial identification card associated with a specific cannabis establishment and is not performing a contracted service is only permitted within point of sale areas of the cannabis establishment unless signed in as a visitor in accordance with § 2.13(B)(4) of this Part. In such areas, the licensed cannabis retailers shall ensure that all cannabis and cannabis products are kept behind the sales counter or other partition and make reasonable efforts to limit the number of customers present in relation to the number of licensed establishment commercial cardholders to assure adequate monitoring and control of point of sale area activities.

C.Security Alarm Requirements

1.Each licensed cannabis establishment shall have a fully operational security alarm system of an appropriate commercial standard as deemed acceptable by the Commission at each authorized physical address that will provide suitable protection against theft and diversion, including alarms at all outside perimeter entry points and outside perimeter windows.

2.A fully operational security alarm system may include a combination of hard-wired systems and systems interconnected with a radio frequency method such as cellular or private radio signals that emit or transmit a remote or local audible, visual, or electronic signal; motion detectors, pressure switches, duress alarms (a silent system signal generated by the entry of a designated code into the arming station to indicate that the user is disarming under duress); panic alarms (an audible system signal to indicate an emergency situation); and hold-up alarms (a silent system signal to indicate that a robbery is in progress).

3.A fully operational security alarm system shall at a minimum provide for immediate automatic or electronic notification to alert municipal and/or state law enforcement agencies or public safety personnel to an unauthorized breach or attempted unauthorized breach of security at the licensed cannabis establishment or any other authorized physical address and to any loss-of-electrical support backup system to the security alarm system.

4.Each licensed cannabis establishment shall establish a protocol for the testing and maintenance of the security alarm system, which shall at a minimum provide for a maintenance inspection/test of the alarm system for each authorized location at intervals not to exceed thirty (30) calendar days from the previous inspection/test and prompt completion of all necessary repairs to ensure the proper operation of the alarm system.

5.If the licensed cannabis establishment suffers a failure of the security alarm system due to loss of electrical support, mechanical function, or otherwise, that is expected to exceed an eight (8) hour period, in addition to the notice requirements provided in §§ 2.13(C)(3) and (I) of this Part, the licensed cannabis establishment must also close the authorized physical address(es) impacted by the failure/malfunction until the security alarm system has been restored to full operation, or, if approved by Commission, provide alternative security.

D.Video Surveillance Requirements

1.Each licensed cannabis establishment must have a fully operational video surveillance and camera recording system of an appropriate commercial standard as deemed acceptable by the Commission with appropriate protocols, which shall, at a minimum, comply with all of the below requirements:

a.Video surveillance equipment shall, at a minimum, consist of digital or network video recorders, video monitors, and digital archiving devices capable of playback quality sufficient to identify and monitor all individuals (including sufficient clarity of facial features) and activities in the monitored areas.

b.The recording system must record in digital format.

c.The date and time must be embedded on the recording without significantly obscuring the picture. Time is to be measured in Eastern Standard Time.

d.All video surveillance systems must be equipped with a failure notification system that provides prompt notification of any surveillance interruption and/or the complete failure of the surveillance system. Said notification must be routed to the cannabis establishment personnel specifically designated by management and to the Commission.

e.All video surveillance equipment shall have sufficient battery backup to support a minimum of four (4) hours of recording in the event of a power outage.

f.Video recordings must be archived in a format and maintained in a manner that ensures authentication of the recording as legitimately-captured video and guarantees that no alteration of the recorded image has taken place.

g.Remote access to a continuous live feed video on a real time basis must be available at all times to licensed cannabis establishment personnel specifically designated by management and to the Commission. All video surveillance records and recordings must be made available to the Commission upon request. Commission staff or designees will hold video surveillance records and recordings of point of sale areas confidential except for authorized release in accordance with applicable law.

h.The system must include a color printer or similar equipment capable of printing still photos of a quality sufficient to identify individuals and activities in the monitored areas.

i.The licensed cannabis establishment must ensure that the Commission has continuous access to live feed video. Failure to maintain continuous access to the Commission may result in enforcement proceedings pursuant to Part 05-1 of this Chapter.

E.Placement of Cameras and Required Camera Coverage

1.Camera coverage is required for all areas where cannabis and cannabis products are grown, cultivated, stored, weighed, packaged, processed, manufactured or sold, including all areas of ingress and egress thereto, point of sale areas, security rooms (as defined below), all points of ingress and egress to the exterior of the licensed cannabis establishment, and any computer or other points of access to the cannabis seed-to-sale tracking system.

2.Camera views of required coverage areas shall be continuously recorded twenty-four (24) hours a day, seven (7) days per week. Motion activated cameras may be used in certain required coverage areas with Commission approval.

3.Camera placement shall be capable of identifying activity occurring within twenty (20) feet of all points of ingress or egress and shall allow for the clear and certain identification of any individual and activities on the licensed premises.

4.All entrances and exits to the establishment shall be recorded from both indoor and outdoor vantage points.

5.The system shall be capable of recording all pre-determined surveillance areas in any lighting conditions.

F.Location and Maintenance of Surveillance Equipment

1.Surveillance recording equipment and all video surveillance records and recordings must be housed in a designated, locked and secured room or other enclosure with access limited to licensed cannabis establishment personnel specifically authorized by management (the “security room”). The licensed cannabis establishment must keep on site a current list of all authorized employees and service personnel who have access to the security room and a video surveillance equipment maintenance activity log.

2.If the licensed cannabis establishment suffers a failure of the video surveillance system, due to loss of electrical support, mechanical function, or otherwise, that is expected to exceed an eight (8) hour period, in addition to the notice requirements provided in § 2.13(I) of this Part, the licensed cannabis establishment must also close the authorized physical address(es) impacted by the failure/malfunction until the video surveillance system has been restored to full operation, or, if approved by the Commission, provide alternative premises monitoring.

G.Emergency Plan

1.The licensed cannabis establishment shall develop and maintain an emergency plan with procedures to be followed to prevent and to adequately address and mitigate consequences of theft or burglary or attempts thereof; fire, natural disasters, and other emergencies, including cybersecurity and data breach procedures to prevent a compromise of the integrity of cannabis seed-to-sale tracking system.

2.The emergency plan shall include training for employees on crime prevention and personal safety techniques.

H.Security-Related Record-Keeping

1.The licensed cannabis establishment shall maintain the following documentation on-site and with digital back-up for a period of at least twenty-four (24) months:

a.Inventory records including, at a minimum, the date the inventory was conducted, a summary of the inventory findings and the name, signature and title of the individual who conducted the inventory.

b.All records of maintenance, inspections, and tests of the security alarm and video surveillance systems and of servicing, modifications, or upgrades performed on said systems. These records shall include, at a minimum, the date of the action, a summary of the action(s) performed and the purpose therefor, and the name, signature and title of the individual who performed the action(s).

c.Emergency notification reports as required by § 2.13(I) of this Part.

d.Visitor logs which shall include the name of each visitor, a photocopy of the visitor’s government issued ID upon first visit, the date and time of the beginning and end of the visit, the reason for the visit (i.e. maintenance, authorized pickup, etc.), and the name of the escorting commercial cardholder.

e.All surveillance recordings must be kept for a minimum of sixty (60) calendar days. Video recordings shall not be destroyed if the licensed cannabis establishment knows or should have known of a pending criminal, civil or administrative investigation or any other proceeding for which the recording may contain relevant information.

f.All records applicable to the surveillance system shall be maintained on the licensed cannabis establishment premises. A backup record may be stored and maintained offsite. At a minimum, licensees shall maintain a map of the camera locations, direction of coverage, camera numbers, surveillance equipment maintenance activity log, user authorization list and operating instructions for the surveillance equipment. Access to this information shall be limited to key personnel only.

I.Emergency Notifications and Reports

1.Licensed cannabis establishments shall provide notification of emergency events to the Commission and municipal and/or state law enforcement as outlined below.

2.Immediately upon discovery of the event, or as a soon as possible following a conclusion of a security incident, the licensed cannabis establishment shall provide telephone notification to the appropriate municipal and/or state law enforcement authorities and first responders regarding any of the following “emergency events”:

a.Theft or burglary or an attempt thereof;

b.Any fire;

c.A natural disaster that results in the destruction of or damage to cannabis or cannabis products;

d.A failure of the security alarm system or video surveillance system, due to loss of electrical support, mechanical function, or otherwise, that is expected to exceed an eight (8) hour period;

e.A non-accidental security alarm activation; or

f.Any other event which requires response by law enforcement or public safety personnel.

3.The licensed cannabis establishment shall provide e-mail notification to the Commission immediately upon discovery of any data breach or cybersecurity threat to the cannabis seed-to-sale tracking system and immediately after notification to law enforcement/first responders of any other emergency event as defined above in § 2.13(I)(2) of this Part. A follow-up telephone notification to the Commission shall be provided no later than the next business day.

4.The licensed cannabis establishment shall submit a follow-up written report to the Commission within twenty-four (24) hours for each emergency event. The written report shall include, at a minimum, a description of the event(s), identification of known or suspected cause(s) for the event(s), any corrective action(s) taken to prevent a recurrence, and the name, title, and signature of the individual preparing the report.

5.Any notification and report of an emergency event required to be made to the Commission pursuant to these Regulations shall be made using the mailing address, telephone number, and/or e-mail address provided by the Commission to approved licensees, as applicable.

6.Upon written direction to the licensed cannabis establishment, the Commission may require that the written and telephone notifications and reporting must be replaced or supplemented by notifications and reporting through the cannabis seed-to-sale tracking system or any other electronic system or means the Commission mandates the licensed cannabis establishment to utilize.

History

• Amendment — effective from 2026-03-17 to current
• Adoption — effective from 2025-05-01 to 03/17/2026

560-RICR-10-10-2 § 2.14 Record-Keeping and Reporting

A.R.I. Gen. Laws §§ 21-28.11-5(b)(11) authorizes the Commission to promulgate regulations regarding record-keeping requirements for licensed cannabis establishments.

B.Operations Manual. Each licensed cannabis establishment shall develop, implement, and maintain on the premises an operations manual with standard operating procedures which address, at a minimum, all of the following subject areas and requirements:

1.Procedures for the organization, administration, command, and control of the licensed cannabis establishment, including but not limited to an organizational chart and chain of command protocols.

2.Procedures to ensure accurate record-keeping, including but not limited to protocols to ensure that:

a.All acquisitions, dispensing, and sales of cannabis are logged into the cannabis seed-to-sale tracking system on a real time basis.

b.All dispensing and sales transactions:

(1)Are to consumers at least twenty-one (21) years of age, or to registered qualifying patients, primary caregivers, authorized purchasers or verified out-of-state patient cardholders, as well as procedures for verifying authenticity of registry identification cards and other forms of government identification;

(2)Adhere to the limits for cannabis sales and possession prescribed by statute and the cannabis product equivalency limits set by § 2.5 of this Part.

(3)Adhere to the requirements set forth in § 2.10(E) of this Part regarding dispensing quality control samples to employees of the licensed cannabis establishment who hold a valid commercial card.

(4)Shall be separated into adult-use sales and medical sales at the time of sale dependent on a consumer’s medical patient status and other required forms of government identification. Products designated as “medical use only” shall only be sold to registered patients/caregivers and authorized purchasers with a valid medical card.

c.Employees are trained on the proper use of the cannabis seed-to-sale tracking system and any other tracking system used by the licensed cannabis establishment.

d.Employees are trained on customer service protocols, including the handling of complaints.

e.Policies and procedures for handling voluntary and mandatory recalls of cannabis and cannabis products.

3.Required Employee, Agent, and Volunteer Training.

a.In accordance with R.I. Gen. Laws §§ 21-28.11-5(b)(4), (b)(7), (b)(14), 21-28.6-12(f)(14) and 21-28.6-16(b), each licensed cannabis establishment shall develop, implement, and maintain on the premises an on-site training curriculum, or enter into contractual relationships with outside resources capable of meeting employee, agent, and, if applicable, volunteer training needs. Each employee, agent or volunteer, at the time of their initial appointment and every year thereafter, shall receive, at a minimum, training in the following:

(1)The proper use of security measures and controls that have been adopted.

(2)Training on use of the cannabis seed-to-sale tracking system and any other tracking systems used by the cannabis establishment for persons responsible for using the system.

(3)Specific procedural instructions for responding to an emergency as outlined above in § 2.13(G) of this Part.

(4)For compassion centers and hybrid cannabis retailers:

(A)Professional conduct, ethics, and state and federal laws regarding patient confidentiality;

(B)Informational developments in the field of medical use of cannabis; and

(C)Policies and procedures for dispensing to and transactions with out-of-state patient cardholders.

4.Policies and procedures for ensuring that any outdated, damaged, deteriorated, mislabeled, or contaminated cannabis is quarantined from other cannabis and destroyed.

a.Such procedures shall be adequate to deal with recalls due to any action initiated at the request or order of the Commission, and any voluntary action by a licensed cannabis establishment to remove defective or potentially defective cannabis or cannabis delivery devices from the market, as well as any action undertaken to promote public health and safety.

5.Record retention policies.

6.Ethics and compliance policies.

7.Alcohol and drug free workplace policy.

8.If applicable, cannabis manufacturing protocols, safety measures, quality assurance practices for cannabis products, and associated training information.

9.An odor control and mitigation plan.

10.Establishment sanitation policy.

11.If applicable, policies and procedures for pesticide use (see § 2.24(E) of this Part).

12.For compassion centers and hybrid cannabis retailers only:

a.A description of the licensee’s outreach activities to registered qualifying patients, registered primary caregivers, and authorized purchasers.

C.Personnel Records

1.Each licensed cannabis establishment shall maintain a personnel record for each employee, agent or volunteer for a period of at least one (1) year after termination of the individual’s affiliation with the licensed establishment. Said personnel record shall contain the following minimum documentation and information:

a.An application for employment or to volunteer or offers to provide services as an agent.

b.An employment or engagement description detailing duties, responsibilities, authority, qualifications and supervision.

c.If applicable, a copy of any employment or engagement contract, including salary or compensation terms, or, for volunteers, a volunteer agreement.

d.A record of any disciplinary action taken.

e.Documentation of all required training, which shall include a signed statement from the individual indicating the date, time and place they received said training, topics discussed, and the name and title of presenters.

2.Each licensed cannabis establishment shall maintain a current list of all commercial cardholders associated with that licensed establishment which includes but is not limited to commercial card issuance date, expiration date, and national criminal records check issuance date and expiration date, if applicable.

3.Each licensed cannabis establishment shall maintain a list of all employees with access to the cannabis seed-to-sale tracking system which includes the levels of permission(s) for each employee.

D.Additional Records to be Maintained

1.In addition to all other specific record-keeping requirements of the Cannabis Act, the Medical Marijuana Act and all associated regulations, the licensed cannabis establishment shall maintain the following records for a minimum of five (5) years:

a.All contracts and purchase orders, including documentation of any cancelled contracts or purchase orders and any contracts and purchase orders voided by replacement contracts.

b.Invoices and any supporting documentation of all cannabis and cannabis product purchases, acquisitions, transfers, and payments.

c.Contracts pertaining to the security alarm and security camera systems.

d.Contracts with vendors, including any approved third-party testing providers.

e.All records normally retained for tax purposes.

f.Complaints.

g.Management contracts.

h.Compensation records and financial statements.

i.Corporate records including, but not limited to, articles of organization, bylaws, meeting agendas, minutes and corporate resolutions.

2.All records maintained by a compassion center and/or hybrid cannabis retail licensee which pertain to one or more registered qualifying patients, registered primary caregivers, or authorized purchasers shall be:

a.Considered confidential health care information under applicable Rhode Island law; and

b.Protected as health care information in accordance with the Federal Health Insurance Portability and Accountability Act of 1996, as amended.

E.Records Storage and Responsibility for Loss of Records and Data

1.Records pertaining to transactions occurring within the last six (6) months shall be stored on the licensed premises. Records dating further back may be stored off the premises but must be provided to the Commission upon request within twenty-four (24) hours.

2.The licensed cannabis establishment shall exercise due diligence and reasonable care in preserving and maintaining all required records to guard against loss of records and data, including the cybersecurity of electronically maintained records.

History

• Amendment — effective from 2026-03-17 to current
• Adoption — effective from 2025-05-01 to 03/17/2026

560-RICR-10-10-2 § 2.15 Use on Premises Prohibited

A.Licensed cannabis establishments shall not permit the use of cannabis or cannabis products on the premises of the licensed cannabis establishment, including any parking areas that are designated for clients or otherwise within the control of the licensed cannabis establishment.

History

• Amendment — effective from 2026-03-17 to current
• Adoption — effective from 2025-05-01 to 03/17/2026

560-RICR-10-10-2 § 2.16 Transportation of Cannabis Products

A.Authorized Transport Vehicle Requirements

1.Any vehicle used in the transportation of cannabis or cannabis products must be approved for use by the Commission.

2.Authorized transports shall be conducted in such a manner as to ensure that cannabis and cannabis products are secured and safe at all times during transport.

3.To qualify as an “authorized transport vehicle” the licensed cannabis establishment shall use a vehicle meeting all the following criteria:

a.The vehicle bears no markings that indicate that the vehicle is being used to transport cannabis nor indicates the name of the licensed cannabis establishment;

b.The vehicle is equipped with a global positioning system monitoring device that is monitored by the originating licensed cannabis establishment during an authorized transport;

c.The vehicle is equipped with an alarm system;

d.The vehicle is equipped with functioning heating and air conditioning systems appropriate for maintaining correct temperatures for storage of cannabis products;

e.Cannabis and cannabis products must not be visible from outside the vehicle; and

f.Cannabis and cannabis products must be stored and transported in a secure, locked storage compartment that is a part of the vehicle transporting the cannabis products. For purposes of this provision the trunk of a vehicle by itself does not qualify as a “locked storage compartment.”

4.When transporting cannabis or cannabis products, no other products may be transported or stored in the same vehicle.

5.No firearms may be located within the vehicle or on the person of the authorized commercial cardholder.

6.Any other security and safety requirements as determined by the Commission.

B.Detailed Transport Manifests

1.All licensed cannabis establishments shall create and maintain detailed transport manifests for all authorized transports, which the Commission may require be generated through and/or maintained in the cannabis seed-to-sale tracking system.

2.The detailed transport manifest shall be prepared by the originating licensed cannabis establishment. Hard copies of the transport manifest shall travel with the shipment as it moves between licensees as set forth in this Part, and both licensees shall retain copies of the detailed transport manifest as part of their record retention responsibilities.

3.The detailed transport manifest shall include the following minimum information:

a.Departure date and approximate time of departure.

b.Names, location addresses, and registration/license numbers of the originating and receiving cannabis establishment facilities.

c.Unique identifier generated by cannabis seed-to-sale tracking system.

d.If for transport pursuant to an approved home delivery plan, as set forth in § 2.17 of this Part, any such other information pursuant to the approved delivery plan.

e.Product names and/or descriptions.

f.Quantities (by weight or unit) of each product to be delivered.

g.Product name or descriptions and quantities (by weight or unit) of each product which was received by the licensed cannabis establishment.

h.Arrival date and approximate time of arrival.

i.Delivery vehicle make, model and license plate number.

j.Names, commercial identification card number(s), and signature(s) of the authorized commercial cardholder(s) conducting the transport.

C.Authorized Transport Requirements

1.The originating licensed cannabis establishment shall ensure that all delivery times and routes are randomized.

2.The originating licensed cannabis establishment shall ensure that all transport routes remain within the State of Rhode Island.

3.Authorized transports may only be made by valid commercial cardholders affiliated with the particular licensed cannabis establishment that is the source or recipient party to an authorized transaction.

4.If using one authorized transport vehicle, the vehicle shall be operated/occupied by an authorized commercial cardholder and the authorized transport vehicle shall not be left unattended for any period of time during any authorized transport.

5.If using two authorized transport vehicles, the authorized transport vehicles shall travel together at all times during the authorized transport and each vehicle shall be operated/occupied by at least one authorized commercial cardholder. These vehicles shall not be left unattended for any period of time during any authorized transport.

6.During all authorized transports:

a.The authorized commercial cardholder(s) must have their valid licensed cannabis establishment commercial card(s) and the detailed transport manifest on their person(s) at all times; and

b.A copy of the detailed transport manifest shall also accompany the cannabis and cannabis products in the locked storage compartment of the authorized transport vehicle.

7.Any authorized transport vehicle carrying cannabis and cannabis products shall travel directly between the originating cannabis establishment licensee and receiving cannabis establishment licensee(s), including in instances with multiple transport stops in a single trip.

8.In case of an emergency stop, a detailed written account must be maintained describing the reason for the event, the duration, the location, any activities occurring during the stop, and any personnel exiting the vehicle during the stop.

9.Prior to leaving the originating licensed cannabis establishment for an authorized transport to another licensed cannabis establishment, the originating licensed cannabis establishment must weigh, inventory, and account for on video all cannabis and cannabis product to be transported.

10.For authorized transports to and from a licensed cannabis establishment, the transport manifest shall be accompanied by a copy of any contract/purchase order for which the transport is being made and documentation of the actual payment date, if prepaid.

11.Upon arrival at the destination licensed cannabis establishment, the receiving party shall confirm receipt of each item in the presence of the delivering authorized commercial cardholder and then initial each received line item on both the originating licensee’s manifest and the receiving licensee’s manifest. The receiving party shall then immediately re-weigh, re-inventory, and account on video for all cannabis and cannabis product transported.

12.Both the originating and recipient licensed cannabis establishments shall timely adjust their records to reflect in its records the completed authorized transport of cannabis, including logging such information in the cannabis seed-to-sale tracking system. All records and entries in the cannabis seed-to-sale tracking system shall be easily reconciled by unique identifier, product name and quantity, with the applicable detailed transport manifest.

13.Any unusual discrepancies in the quantity described in the detailed transport manifest and the quantities received shall be reported to the Commission and municipal and/or state law enforcement, if required by the Commission, within twenty-four (24) hours.

14.Any vehicle accidents, diversions, or losses during authorized transports of cannabis shall be reported to the Commission and law enforcement as an “emergency event” pursuant to § 2.13(I) of this Part.

15.Transportation to or from a third-party testing provider shall be in accordance with these Rules and all applicable regulations promulgated by RIDOH including, but not limited to the RIDOH Testing Regulations, 216-RICR-60-05-6.

History

• Amendment — effective from 2026-03-17 to current
• Adoption — effective from 2025-05-01 to 03/17/2026

560-RICR-10-10-2 § 2.17 Home Delivery – Licensed Cannabis Retailers Only

A.Home delivery of cannabis and cannabis products by licensed retail cannabis retailers shall be permitted provided the licensee applies for and receives a variance from the Commission and that the cannabis and cannabis products are sold and delivered in compliance with the Cannabis Act, the Medical Marijuana Act, these Regulations and all other applicable laws, including but not limited to the following requirements:

1.The retail proposed home delivery plan has been approved by the Commission.

2.Cannabis and cannabis products shall only be delivered to and accepted by a consumer who is at least twenty-one (21) years old with a valid government identification card, or a valid qualifying patient cardholder or caregiver who has been issued a valid registry card by RIDOH, at a Rhode Island address.

3.Compassion centers and hybrid cannabis retailers only: If delivering medical cannabis to a hospice, treatment, or other medical care facility where the patient cardholder is admitted, the facility must permit the patient’s possession and/or use of medical cannabis on the premises.

4.Validation of age and/or Rhode Island patient status is required prior to the sale of cannabis.

5.The name associated with the order of the cannabis and/or cannabis products must match the government identification card presented at the time of delivery to the consumer and/or patient.

B.Transportation requirements for home delivery include but are not limited to the following:

1.Home delivery may only be conducted between the hours of 8:00 a.m. and 8:00 p.m. EST.

2.All home delivery vehicles must be qualified as an “authorized transport vehicle” pursuant to § 2.16(A) of this Part and shall be operated by a valid commercial cardholder of the licensed cannabis establishment.

3.All home delivery vehicles shall comply with the transport manifest requirements in § 2.16(B) of this Part, as applicable.

4.A home delivery vehicle may not possess more than seven thousand, five hundred dollars ($7,500) worth of retail cannabis and cannabis products at a time and may only possess retail cannabis and cannabis products for orders that have been placed by the time of departure from the originating licensee.

5.A home delivery vehicle shall comply with the personnel requirements in § 2.16(C) of this Part.

6.Compassion Centers and hybrid cannabis retailers must make delivery available at least once every fifteen (15) days to eligible Rhode Island patient cardholders statewide and may not refuse delivery to a patient based on the location of their home unless it is for a reason approved by the Commission.

C.Home delivery product and payment requirements include but are not limited to:

1.Any authorized transport vehicle carrying cannabis and cannabis products pursuant to an approved home delivery plan shall only stop at the addresses listed on the detailed transport manifest(s).

2.All home deliveries must be paid for in advance or through electronic payment at the time of delivery. Cash payments at the time of delivery may not be accepted.

3.All orders, payments, and deliveries must be tracked in the retail licensee’s cannabis seed-to-sale tracking system and within the limits of the Cannabis Act, the Medical Marijuana Act and these Regulations. The Commission must have real time, and if requested, remote access to these systems and any other logs or systems tracking home deliveries which are approved by the Commission.

4.Products available for delivery must follow the same pricing structure as products sold at a retail location. Retail licensees may impose a standard fee associated with delivery.

5.For compassion centers and hybrid cannabis retailers who offer delivery services as a routine part of operations: If a patient requires a cannabis product that is available at the retail location, but is not offered for delivery, the cannabis establishment licensee must make that product available for delivery to that patient upon their request, provided that the requested product is in stock, and may not charge a delivery fee in excess of ten dollars ($10.00) per delivery to Rhode Island registered patients.

History

• Amendment — effective from 2026-03-17 to current
• Adoption — effective from 2025-05-01 to 03/17/2026

560-RICR-10-10-2 § 2.18 2.18 Curbside Pickup – Licensed Cannabis Retailers Only

A.Curbside pickup activities of cannabis and cannabis products by a licensed retail establishment shall be permitted provided the licensee applies for and receives a variance from the Commission and that cannabis and cannabis products are sold in compliance with the Cannabis Act, the Medical Marijuana Act and these Regulations, including but not limited to the following requirements:

1.All areas where cannabis or cannabis products will be picked up pursuant to the approved variance must have compliant security measures in place prior to implementation of curbside pickup activities, including but not limited to cameras, security systems, security guards, and traffic flow coordination.

2.Cannabis and cannabis products shall only be made available for curbside pickup to a valid qualifying patient cardholder, registered caregiver, or authorized purchaser who has been issued a valid registry card by the Rhode Island Department of Health, an out-of-state patient card in compliance with R.I. Gen. Laws § 21-28.11-5(b)(33), or a consumer twenty-one (21) years of age or older with a valid government identification card.

3.The purchaser may place the cannabis order prior to arrival for the pickup.

4.At the time of preorder, the licensee will inform the purchaser of the total amount for purchase and the designated pickup time. Purchases may be paid for in advance.

5.At the time of preorder, the licensee will inform the purchaser of the limited, designated pickup area(s) and that the purchaser is required to pickup their preorder in such designated area(s).

6.At pickup, the licensee’s authorized representative will verify that all individuals in the vehicle meet the qualifications for sale.

7.All purchases and curbside pickups shall be tracked properly in the cannabis seed-to-sale tracking system inventory and records shall be made available to the Commission upon request.

8.Licensees may only conduct curbside pickup activities during their approved operating hours.

9.Licensees may not charge a fee for curbside pickups.

10.Cannabis products available for curbside pickup must follow the same pricing structure as products sold to walk-in customers and patients.

11.Compassion centers and hybrid cannabis retailers shall prioritize patient, caregiver, or authorized purchaser pickup orders.

History

• Amendment — effective from 2026-03-17 to current
• Adoption — effective from 2025-05-01 to 03/17/2026

560-RICR-10-10-2 § 2.19 Manufacturing and Extraction – Licensed Medical and Hybrid Cannabis Cultivators, Product Manufacturers, Vertically Integrated Compassion Centers and Hybrid Cannabis Retailers Only.

A.Any manufacturing method must be approved by the Commission.

B.If the manufacturing method uses a flammable/combustible material or heat source, the method must be approved by the State Fire Marshal and/or local fire department.

C.Licensees are expressly prohibited from converting any non-psychoactive cannabinoid to a psychoactive cannabinoid.

D.Only commercial cardholder employees and agents of a licensee may manufacture cannabis products on a cannabis establishment premises.

E.Each licensee must maintain written standard operating procedures for each manufacturing process, including step-by-step instructions.

F.Each licensee must ensure that for each manufacturing process, all safety and sanitary equipment appropriate for that manufacturing process, including any personal protective equipment, is provided to any authorized commercial cardholder who will be involved in that manufacturing process.

G.All cannabis product manufacturing areas must be adequately lit during manufacturing, cleaning, or other use.

H.All work surfaces on which cannabis products are manufactured and the walls and floors in the areas in which such products are manufactured shall be non-porous, non-absorbent, and easily cleanable.

I.No eating or smoking shall be permitted in manufacturing area(s).

J.The licensee must provide a training manual and instructional training on each manufacturing process to any authorized commercial cardholder who will be involved in that manufacturing process.

History

• Amendment — effective from 2026-03-17 to current
• Adoption — effective from 2025-05-01 to 03/17/2026

560-RICR-10-10-2 § 2.20 Minimum Requirements for Commission Approval of Volatile Solvent-Based Hydrocarbon Extraction Operations

A.In accordance with R.I. Gen. Laws §§ 21-28.11-5(b)(28) and (29), the Commission is authorized to promulgate regulations governing standards and restrictions for cannabis manufacturing and processing activities, including standards for manufacturing or extracting cannabinoid oils or butane hash oil.

B.Requirements for Volatile Solvent-Based Hydrocarbon Extraction

1.Vertically integrated compassion centers and manufacturers may submit applications to the Commission on such forms and through such submission methods as prescribed by the Commission, for the implementation and use of volatile solvent-based hydrocarbon extraction machinery subject to the requirements contained in these Regulations and all applicable zoning, building, fire, testing, workplace safety laws, regulations, ordinances, court orders, and/or as otherwise legally required. All volatile solvent-based hydrocarbon extraction applications must demonstrate compliance with all applicable requirements, including but not limited to the operational requirements contained in § 2.20(B)(2) of this Part; and

2.All volatile solvent-based hydrocarbon extraction manufacturing shall:

a.Be a closed-loop system;

b.Utilize the following permissible volatile solvent-based hydrocarbon extraction substances and be accompanied by a certificate of analysis, maintained in accordance with § 2.20(D) of this Part, which establishes that said substances have a minimum purity level of ninety-nine percent (99.0%):

(1)Butane;

(2)Propane;

(3)Ethanol; or

(4)A different volatile hydrocarbon substance which is preapproved by the Commission.

c.Be conducted by employees adequately trained in the operation of the hydrocarbon extraction machinery to be utilized; and

d.Follow pre-approved standard operating procedures in accordance with § 2.20(D) of this Part;

3.All final products created or partially produced via volatile solvent-based hydrocarbon extraction must satisfy testing requirements contained in the RIDOH Testing Regulations, 216-RICR-60-05-6.

C.Volatile Solvent-Based Hydrocarbon Extraction Application

1.The Commission’s approval process for volatile solvent-based hydrocarbon extraction applications shall consist of:

a.A pre-approval phase, wherein the Commission issues a letter stating that the eligible licensee may proceed with implementing its proposed volatile solvent-based hydrocarbon extraction system; and

b.A final approval phase, wherein the Commission approves an eligible licensee to commence volatile solvent-based hydrocarbon extraction operations.

2.Pre-Approval

a.Licensees eligible to perform volatile solvent-based hydrocarbon extraction may apply to the Commission on forms prescribed by the Commission which include but are not limited to the following:

(1)The licensed facility address and identification of the specific location within the facility at which the volatile solvent-based hydrocarbon extraction machinery will be utilized;

(2)The manufacturer(s) of any and all volatile solvent-based hydrocarbon extraction equipment intended to be utilized;

(3)The model(s) of any and all volatile solvent-based hydrocarbon extraction equipment intended to be utilized;

(4)Copies of the user manual(s) for any and all volatile solvent-based hydrocarbon extraction equipment intended to be utilized;

(5)Design plans stamped and sealed by Rhode Island Registered Professional Engineer(s) and a Rhode Island Registered Architect, where applicable, who will ultimately provide a final certification pursuant to § 2.20(C)(4)(a) of this Part, for any and all modifications and/or additions to the licensee’s facility including but not limited to:

(A)A written summary of any and all modifications and/or additions which would be made to the facility prior to the utilization/implementation of any and all volatile solvent-based hydrocarbon extraction equipment.

(B)The identification of all volatile solvent-based hydrocarbon extraction equipment intended to be installed;

(C)The identification of all other related equipment and/or hardware (e.g., hazardous materials storage, signage, plumbing, electrical, mechanical, etc.);

(D)Compliance with all applicable Fire Safety Code (R.I. Gen. Laws Chapter 23-28.1 and Title 450 of this Code) and Building Code requirements (R.I. Gen. Laws Chapter 23-27.3 and Title 510 of this Code) including a description of all changes to electrical, fire safety, and/or HVAC system(s), structural modifications, etc.; and

(E)Any and all other related additions/modifications/ changes made to licensee’s facilities.

(6)Copies of all standard operating procedures for the safe and proper utilization of the volatile solvent-based hydrocarbon extraction machinery pursuant to § 2.20(D)(1) of this Part; and

(7)A letter from the city or town zoning official stating that the proposed volatile solvent-based hydrocarbon extraction method(s) is permitted for the intended facility location.

b.The Commission will review all required pre-approval applications and may conduct an inspection of the proposed location/facilities for hydrocarbon extraction.

c.Upon the Commission’s determination that the requirements in § 2.20(C)(2) of this Part have been satisfied, the Commission may issue a pre-approval letter to the eligible licensee.

3.An eligible licensee which obtains pre-approval from the Commission pursuant to this Part must promptly notify the Commission of any material deviations between the pre-approved design plans and the actual implementation of the pre-approved design plans. The Commission reserves the right to revoke the pre-approval if the material deviations substantially change the nature and/or scope of the design plans and/or if the material deviations could have a negative impact upon public health, welfare, and/or safety.

4.Final Approval: An eligible licensee which has obtained the Commission’s pre-approval and has implemented the facility modifications pursuant to the design plan may apply for final approval on forms prescribed by the Commission which include but are not limited to the following requirements:

a.A final certification from the Rhode Island Registered Professional Engineer(s) and Rhode Island Registered Architect(s), as applicable, who approved the design plans identified in § 2.20(C)(2)(a)(5) of this Part stating that the implementation of design plans was materially consistent with said design plans;

b.A letter from the State Fire Marshal, or their designee, stating that they have conducted a final inspection of the facility changes and that the licensee has demonstrated compliance with all applicable fire codes and/or regulations; and

c.A certificate of use and occupancy, or equivalent document, from the local building official that all permits have been closed as applicable.

5.Upon the Commission’s determination that the requirements of this Section have been satisfied, the Commission may issue a final approval letter.

D.Standard Operating Procedures

1.All licenses conducting volatile solvent-based hydrocarbon extraction shall develop standard operating procedures which demonstrate compliance with all applicable laws and regulations and specifically address the following:

a.Safe and proper operation of the volatile solvent-based hydrocarbon extraction substances, machinery, and/or equipment;

b.Safe and proper handling and storage of volatile hydrocarbon substances;

c.Adequate cleaning and maintenance of the volatile solvent-based hydrocarbon extraction machinery and/or equipment;

d.Incident reporting for instances where the operator does not follow the stated standard operating procedures which identifies:

(1)The operator’s name;

(2)The date and time of the incident;

(3)To which supervising employees the incident report will be sent; and

(4)An incident summary including whether any cannabis or other substances escaped from the volatile solvent-based hydrocarbon extraction machinery and/or was destroyed and, if so, the amount(s) of said material and how the incident was resolved;

e.How to safely and properly dispose of any waste created in the operation of the volatile solvent-based hydrocarbon extraction equipment and/or in preparation or clean-up of said equipment; and

f.Record-keeping of:

(1)All volatile solvent-based hydrocarbon extraction substances and the corresponding certificates of analysis demonstrating sufficient purity pursuant to § 2.20(B)(2)(b) of this Part; and

(2)The certificates of analysis for all volatile solvent-based hydrocarbon extraction substances; and

(3)All incident reports and related materials/documentation.

2.Standard operating procedures for volatile solvent-based hydrocarbon extraction shall be included in the licensee’s operations manual pursuant to § 2.14(B) of this Part.

3.Standard operating procedures and all records relating to the requirements of this Part shall be maintained by the licensee for a minimum of five (5) years. All records shall be readily available to the Commission upon request.

E.Compliance with § 2.20 of this Part does not absolve the eligible licensee of any other legal requirements and/or responsibilities.

History

• Amendment — effective from 2026-03-17 to current
• Adoption — effective from 2025-05-01 to 03/17/2026

560-RICR-10-10-2 § 2.21 Required Patient Outreach Activities –Compassion Centers and Hybrid Cannabis Retailers Only

A.Outreach activities to registered qualifying patients, registered primary caregivers, and authorized purchasers shall, at a minimum, include:

1.Providing each new registered qualifying patient who visits the licensed cannabis establishment with a frequently asked questions sheet that explains the limitations on the right to use medical cannabis under state law, in accordance with R.I. Gen. Laws § 21-28.6-12(f)(9);

2.Providing a list of ingestion options for medical cannabis;

3.Providing applicable usage techniques and any corresponding safety information to registered qualifying patients;

4.Communicating potential side effects; and

5.Upon the request of RIDOH and/or the Commission, e-mailing or otherwise disseminating information to patients regarding changes in the medical cannabis program, or disseminating customer surveys.

History

• Amendment — effective from 2026-03-17 to current
• Adoption — effective from 2025-05-01 to 03/17/2026

560-RICR-10-10-2 § 2.22 Minimum Sanitation and Workplace Safety Conditions

A.Each licensed cannabis establishment shall be maintained in a safe, sanitary, and clean manner, with all operations in the cultivation, receiving, inspecting, transporting, segregating, preparing, manufacturing, packaging, and storing of cannabis and cannabis products conducted in accordance with adequate sanitation principles, as detailed below.

B.The facility must meet the following minimum sanitation specifications, including having and maintaining:

1.An adequate supply of potable hot and cold water;

2.Non-porous, non-absorbent and easily cleanable floors, walls, and ceilings in areas where cannabis is cultivated, manufactured, and stored;

3.Lavatory facilities that are readily-accessible to employees and that comply with the Rhode Island State Plumbing Code, 510-RICR-00-00-3;

4.Adequate hand-washing area(s) with hand washing sinks with effective hand-cleaning and sanitizing preparations (such as soap dispensers) and disposable towels or an air dryer for hands;

5.Adequate screening or other protection against the entry of pests and environmental contaminants; and

6.Records related to facility cleaning and sanitation.

C.All mechanical and electrical equipment shall be maintained in a safe operating condition.

D.Waste disposal equipment shall be adequate and removal schedules timely so as to minimize the risk of contamination to cannabis and cannabis products, including the risk of the waste becoming an attractant, harborage, or breeding place for pests.

E.All waste (including all liquid, chemical, hazardous, pesticide, manufacturing solvent and chemical waste) must be stored, secured, and managed in accordance with all applicable DEM laws and regulations and all applicable federal, state, and local statutes, regulations, ordinances, or other legal requirements. Specific instructions for safe destruction of any cannabis required to be destroyed and proper disposal of cannabis waste are set forth in § 2.25 of this Part.

F.Floors, walls, and ceilings shall be kept clean and in good repair, free from dust, debris, mold, mildew, and other contaminants and potentially hazardous materials.

G.Lavatory facilities and hand washing areas shall be kept clean and sanitary and in working condition at all times.

H.Toxic cleaning compounds, sanitizing agents, and other chemicals shall be identified, held, stored and disposed of in a manner that protects against contamination of cannabis and cannabis products and in a manner that is in accordance with all applicable DEM laws and regulations and any applicable local, state, or federal law, rule, regulation, or ordinance.

I.Each licensed cannabis establishment shall comply with all relevant statutes, regulations, and requirements administered by the Federal Occupational Safety and Health Administration (OSHA), including but not necessarily limited to standards for toxic and flammable compounds and air contaminants. The Commission may require licensees to undergo third-party inspections or audits to ensure compliance with OSHA.

J.All persons working in direct contact with cannabis and cannabis products shall conform to hygienic practices while on duty, including but not limited to maintaining adequate personal cleanliness and washing hands thoroughly in an adequate hand-washing area before starting work and at any other time when the hands may have become soiled or contaminated.

K.Any person whose medical condition, as determined by medical examination or as observed by a supervisor, poses or reasonably appears to pose a risk of contamination of cannabis and cannabis products shall be excluded from the operations until the condition is cleared. Medical conditions posing a risk of contamination include but are not necessarily limited to open lesions, including boils, sores, or infected wounds, or any other abnormal source of microbial infection.

L.Each licensed cannabis establishment shall not permit the entry of any animal onto the premises. Service animals, as defined in the Americans with Disabilities Act, are exempted from this prohibition in retail areas or other areas where there is no cultivation, manufacturing or packaging of cannabis or cannabis products.

M.In addition to the safety and sanitary equipment including personal protective equipment that the licensed cannabis establishment is required to furnish its employees involved in cannabis manufacturing and extraction pursuant to § 2.19(D) of this Part, the licensed cannabis establishment must also furnish its employees with proper safety equipment for other types of work assigned as part of the cannabis establishment operations.

History

• Amendment — effective from 2026-03-17 to current
• Adoption — effective from 2025-05-01 to 03/17/2026

560-RICR-10-10-2 § 2.23 Odor Control and Mitigation

A.Cannabis establishment areas used for cultivation, manufacturing, and packaging, and any other area(s) deemed necessary by the Commission following an inspection, shall have ventilation and filtration systems installed that prevent cannabis odors from exiting the interior of the structure to an extent that would significantly alter the environmental odor outside, while also addressing the potential for mold.

B.The ventilation and filtration system, along with any plumbing improvements, shall be installed in compliance with all applicable codes and ordinances, including obtaining any necessary permits, and inspected by the municipality.

C.Measures to assure compliance with this Section shall be documented in an odor control and mitigation plan approved by the Commission.

History

• Amendment — effective from 2026-03-17 to current
• Adoption — effective from 2025-05-01 to 03/17/2026

560-RICR-10-10-2 § 2.24 Pesticide Use and Records

A.Cultivation processes shall use best practices to limit contamination of cannabis and cannabis products, including but not limited to mold, mildew, fungus, bacterial diseases, rot, pests, pesticides, and any other contaminant identified as posing potential harm.

B.The use of pesticides on cannabis plants in Rhode Island by licensed cannabis establishments will not be considered a violation of these Regulations provided that the products satisfy all of the following criteria:

1.The product must be a “minimum risk pesticide” under 40 C.F.R. § 152.25(f), incorporated above at § 2.3 of this Part.

2.The product must be labelled for use on all plants, other plants, bedding plants, unspecified plants, and/or unspecified crops.

3.The label must not prohibit indoor or greenhouse use, as applicable.

4.All active ingredients must be eligible for food use as determined by the federal Environmental Protection Agency’s (EPA) list of Active Ingredients Eligible for Minimum Risk Pesticide Products, incorporated above at ‎§ 2.3 of this Part. https://www.epa.gov/sites/production/files/2015-12/documents/minrisk-active-ingredients-tolerances-2015-12-15.pdf.

5.All inert/other ingredients must be eligible for food use in accordance with EPA’s Inert Ingredients Permitted in Minimum Rist Pesticide Products, incorporated above at § 2.3 of this Part.

6.The product must be a currently registered pesticide product eligible for sale in Rhode Island as determined by DEM. To verify a product’s registration in Rhode Island, please consult the online National Pesticide Information Retrieval System through the Center for Environmental and Regulatory Information Systems. http://npirspublic.ceris.purdue.edu/state/state_menu.aspx?state=RI.

7.The product must be used in accordance with any and all use instructions on the label.

C.No application of pesticides shall be made after the vegetative stage of growth of the cannabis plant. The vegetative stage of growth should be determined by visual buds or flower or by proxy of the plant receiving less than eighteen (18) hours of light in a twenty-four (24) hour period.

D.Pesticides shall be identified, held, stored and disposed of in a manner that protects against contamination of cannabis and cannabis products and in a manner that is in accordance with any applicable local, state, or federal law, rule, regulation, or ordinance.

E.Licensed cannabis establishments must keep detailed records of any pesticide products used and application regiments, including video recording during pesticide applications which must cease if there is a failure or disruption of the video surveillance system. This record-keeping requirement is independent of that required of commercial pesticide applicators by DEM and is intended to apply in addition to that requirement, where relevant.

History

• Amendment — effective from 2026-03-17 to current
• Adoption — effective from 2025-05-01 to 03/17/2026

560-RICR-10-10-2 § 2.25 Safe Destruction and Disposal of Cannabis and Cannabis Waste

A.Cannabis and cannabis product waste (including all liquid, chemical, hazardous, pesticide, manufacturing solvent and chemical waste containing any traces of cannabis) must be stored, secured, and managed in accordance with all applicable federal, state, and local statutes, regulations, ordinances, or other legal requirements.

B.Prior to disposal, cannabis and cannabis product waste must be made unusable and any cannabis plant material made indistinguishable from other plant material. This may be accomplished by grinding and incorporating the cannabis plant waste with other non-consumable solid waste or other ground materials, so the resulting mixture is at least fifty percent non-cannabis waste by volume. Other methods to render cannabis waste unusable must be approved by the Commission before implementing. Cannabis waste rendered unusable following an approved method may be delivered to a licensed solid waste disposal facility in Rhode Island for final disposition or disposed of in an alternative manner approved by the Commission.

C.Destruction of cannabis and cannabis materials other than waste generated in the regular course of processing and/or manufacturing (such as destruction of whole plants, wet, or usable cannabis that are found to be in excess of statutory possession limits or destruction of a contaminated batch of cannabis product) shall be in a manner acceptable to the Commission, which may include consultation with law enforcement.

D.Destruction of cannabis and cannabis materials upon revocation or abandonment of the license shall be specifically governed by the Commission through order or agreement and/or coordinated efforts with law enforcement.

E.Each licensed cannabis establishment must maintain accurate and comprehensive records regarding waste material that accounts for, reconciles, and evidences all waste activity related to the disposal of cannabis and cannabis products (including any waste material produced through the trimming or pruning of a cannabis plant prior to harvest). The Commission may mandate storage of any such records or summaries of such records to be through the seed-to-sale tracking system or any other electronic system the Commission designates.

F.All actions in compliance with § 2.25 of this Part must comply with any applicable DEM laws, regulations or policies.

History

• Amendment — effective from 2026-03-17 to current
• Adoption — effective from 2025-05-01 to 03/17/2026

560-RICR-10-10-2 § 2.26 Quarantine, Testing, Retesting and Remediation

A.All cannabis products must undergo and comply with all sampling and testing requirements as stated in these Regulations and the RIDOH Testing Regulations in order to be offered as a quality control sample, a trade sample or for sale by a licensed cannabis establishment. Until the product has complied with and received passing results is accordance with RIDOH Testing Regulations, all cannabis shall be quarantined.

B.Licensed cannabis establishments must arrange with Department of Labor and Training Office of Occupational Safety to have balances or scales certified and sealed on a yearly basis in accordance with R.I. Gen. Laws Title 47.

C.A batch of dried cannabis shall not exceed fifteen (15) pounds for the purpose of sampling for required testing and shall not consist of more than one strain, cultivar, or genetic composition.

D.A batch of concentrate shall only be sampled and tested when no further processing of the extract/resin/concentrate will occur including but not limited to, winterization, addition of compliant terpenes, or compliant cannabinoids and the concentrate must be fully homogenized.

E.Prior to taking required samples from a batch of cannabis plant material and/or a batch of processed concentrate or extract, a cannabis establishment must store the batch separate and apart from all other cannabis material/products and in a manner in which the product is easily identifiable as not sampled or tested and tracked in accordance with § 2.9 of this Part.

F.Test results

1.Within two (2) business days from issuance of final test results, the testing laboratory must upload the results into the cannabis seed-to-sale tracking system and issue a certificate of analysis to the licensee. A testing laboratory may be required to submit the certificate of analysis to the Commission, including but not limited to for failed and retested batches.

2.Certificates of analysis shall expire one (1) year from the date of issuance.

3.Upon expiration of a certificate of analysis, product will be considered untested and must be resubmitted for all required testing in accordance with 216-RICR-60-05-6.

G.Failed Test Batches

1.If a sample's result exceeds an action level in 216-RICR-60-05-6 or as otherwise adopted by RIDOH, the testing facility must report to the Commission and to the cannabis establishment that the sample failed the test for which the result exceeds the action level.

2.The failed batch must be kept separate and apart from all other cannabis and cannabis products and be easily identifiable as a failed batch.

3.If a licensee wants to conduct a retest, the laboratory must follow the retesting guidelines outlined in § 2.26(H) of this Part.

4.If a licensee does not want to conduct a retest, the licensee may remediate the product and must follow the remediation guidelines outlined in § 2.26(G) of this Part.

5.If a retest is not granted or if the batch is not approved for remediation, the batch that the sample was taken from must be immediately destroyed by the cannabis establishment in accordance with § 2.25 of this Part.

6.The destruction of a failed test batch must be logged in the cannabis seed-to-sale tracking system.

H.Retesting

1.In the event of a retest, the following protocol shall be followed:

a.The testing facility that performed the initial test must perform the retest.

b.At all times during the retesting process set forth in this Part the original batch must remain unaltered and not have undergone remediation.

c.If there is enough remaining material from the initial sample to retest, the testing facility shall use that sample material.

d.If there is not enough material from the initial sample to retest, the testing facility shall request permission from the Commission to resample from the original batch to perform the retest.

e.If the request to resample is approved by the Commission, the testing facility must collect the new sample from the original batch using the same collection process.

f.If the retest sample passes the retest for the test or analyte(s) that originally exceeded the allowable action level, the sample will be deemed to have passed that test and the passing results will apply in accordance with this Part.

g.If the request to resample is denied by the Commission or if a sample fails a retest, the original batch must either be remediated in accordance with § 2.26(I) of this Part or destroyed in accordance with § 2.25 of this Part.

h.No retested sample, harvest, lot or batch may be sold or transported for retail sale, or dispensed as quality control or trade samples, until the completion and successful passage of compliance testing as required in 216-RICR-60-05-6 or as otherwise adopted by RIDOH.

I.Remediation

1.A cannabis establishment may request from the Commission an opportunity to remediate the batch before requesting the batch be retested or following a failed test. The Commission shall review and determine in its sole discretion whether the request to remediate will be approved. The Commission in its sole discretion may approve specific remediation processes allowable for licensees to conduct without prior Commission approval.

2.The cannabis establishment requesting an opportunity for remediation must demonstrate to the Commission the issues identified by the testing facility are of the kind that can be remediated.

3.In determining if remediation is appropriate, the Commission shall consider the public health and safety consequences of remediation, as well as the frequency and history of failed tests from the requesting licensee.

4.If the Commission determines a batch can be remediated, cannabis must be submitted for all required testing in accordance with 216-RICR-60-05-6.

5.No remediated harvest, lots or batches may be sold or transported for retail sale, or dispensed as quality control or trade samples, until the completion and successful passage of compliance testing as required in 216-RICR-60-05-6 or as otherwise adopted by RIDOH.

History

• Amendment — effective from 2026-03-17 to current
• Adoption — effective from 2025-05-01 to 03/17/2026

560-RICR-10-10-2 § 2.27 Recalls

A.The Commission or RIDOH may require a cannabis establishment to recall any cannabis or cannabis product that the cannabis establishment has sold or transferred upon a finding that circumstances exist that pose a risk to public health, safety and welfare. Under such circumstances:

1.The recall must immediately be initiated by the cannabis establishment in accordance with their approved recall plan; and

2.The cannabis establishment must comply with any additional instructions made by the Commission.

B.A recall may be based on, without limitation, evidence that the cannabis or cannabis product:

1.Contains unacceptable levels of contaminants;

2.Is found to not be in full compliance with RIDOH Testing Regulations;

3.Is contaminated or otherwise unfit for human use, consumption or application;

4.Is not properly or accurately packaged or labeled;

5.Was not cultivated, processed, or manufactured by a cannabis establishment or otherwise is not in accordance with applicable law or applicable regulations; or

6.Otherwise poses a threat to public health or safety as determined by the Commission or RIDOH.

C.The Commission may at any time require the destruction of cannabis or cannabis products upon a finding that circumstances exist that pose a risk to public safety and health.

D.If the Commission finds that a recall is required, the Commission:

1.Must notify the public and cannabis establishments of the recall;

2.Must place a quarantine or embargo on all affected cannabis and/or cannabis products in the cannabis seed-to-sale tracking system;

3.May require a cannabis establishment to place all cannabis and cannabis product in quarantine or with a third-party custodian at the cannabis establishment’s expense.

4.May require a cannabis establishment to notify all individuals to whom such cannabis or cannabis product was sold; and

5.May require that the cannabis establishment destroy the recalled product.

History

• Amendment — effective from 2026-03-17 to current
• Adoption — effective from 2025-05-01 to 03/17/2026

560-RICR-10-10-2 § 2.28 Quality Assurance Testing Program

A.In accordance with R.I. Gen. Laws §§ 21-28.11-5(b)(27)(ii), (vi), and 21-28.11-11(a), the Commission is authorized to promulgate regulations regarding random sample testing to ensure quality control, including ensuring that cannabis and cannabis products are accurately labeled for THC content and any other product profile, and allows the Commission to establish quality assurance mechanisms to ensure the accuracy of product testing and labeling. The quality assurance testing program set forth in this Section is promulgated in accordance with the Commission’s statutory authority over licensed cannabis establishments as set forth in the Cannabis Act, the Medical Marijuana Act, and these Regulations.

2.28.1Cannabis and Cannabis Product Random Sampling Procedures

A.Upon direction by the Commission, in accordance with R.I. Gen. Laws §§ 21-28.11-5(b)(27)(ii) and (vi), licensed cannabis establishments shall provide samples of cannabis and cannabis products identified by the Commission, RIDOH, or their assigned designees for the purpose of quality assurance testing to be conducted by a licensed cannabis testing laboratory.

B.The cannabis sampling procedure set forth herein is a requirement of licensure and the licensee from which the samples are collected, as well as the cannabis testing laboratories performing the quality assurance testing, shall not be eligible for renumeration from the Commission, RIDOH, or any other department or agency of the state for their participation in the quality assurance testing program.

C.Frequency of Cannabis and Cannabis Product Sampling

1.The Commission, RIDOH, or their assigned designees will conduct random collection of samples for the purpose of the quality assurance testing program a minimum four (4) times per calendar year.

2.No single licensed cannabis establishment will be required to provide samples for random quality assurance testing more than one (1) time per calendar year.

3.Additional sample collection of specific production batches for the purpose of quality assurance testing may occur at random at the direction of the Commission, RIDOH, or their assigned designees.

4.Nothing in this Section should be construed to limit the power of the Commission, RIDOH and/or their designees to order or conduct non-random sampling and testing of cannabis and cannabis products in the interest of public health and safety.

D.Collection of Cannabis and Cannabis Product Samples

1.Licensed cannabis establishments selected for random quality assurance testing will be notified by the Commission or its designee(s) at least twenty-four (24) hours prior to the collection of samples for quality assurance testing. Such notification will include the name(s) of the individual(s) collecting the samples on behalf of the Commission.

2.Licensees shall not be notified of the specific product(s) to be collected prior to the arrival of the designated sample collector(s).

3.The Commission, RIDOH, or their assigned designee(s) shall provide a list of the specific product(s) and the quantity of each product to be collected to the designated sample collector prior to their arrival at the licensed cannabis establishment.

4.No more than the minimum sufficient quantity of each product shall be collected such that no fewer than three (3) cannabis testing labs can analyze the samples for all analytes specified by the Commission, with enough material held in reserve for at least one (1) additional series of tests by a laboratory. Analytes tested may include, but are not limited to, those required by 216-RICR-60-05-6 for retail sale.

a.If there are fewer than three (3) licensed cannabis testing labs at the time of testing, samplers shall collect a sufficient quantity for each licensed testing lab to analyze the samples with enough material held in reserve for one (1) additional series of tests by a laboratory.

b.If there are more than three (3) licensed cannabis testing labs at the time of testing, the Commission, RIDOH, or its designees will select no more than three (3) licensed cannabis testing labs per quality assurance testing round on a rotating basis.

5.Samples may be collected by representatives of the Commission, RIDOH, or their assigned designees.

6.The licensed cannabis establishment from which samples are collected shall input the sample collection, along with the information of the individual(s) collecting the samples, to the seed-to-sale tracking system in a manner prescribed by the Commission.

7.Sample collection shall be conducted in accordance with the Cannabis Act, the Medical Marijuana Act, these Regulations and the RIDOH Testing Regulations, 216-RICR-60-05-6.

8.Following collection, samples will be transported by the representative of the Commission, RIDOH, or their assigned designee to the homogenizing location.

9.Samples will be homogenized and anonymized by employees of the Commission, RIDOH, or their assigned designees prior to being provided to cannabis testing laboratories for analysis.

10.Collected samples shall be randomly assigned to cannabis testing laboratories at the homogenizing location.

2.28.2Cannabis and Cannabis Product Quality Assurance Testing and Analysis

A.Cannabis testing laboratories shall:

1.Be notified by the Commission, RIDOH, or their designees at least twenty-four (24) hours in advance of a planned request for quality assurance testing.

2.Send an employee, agent, or assigned designee to collect the sample at the homogenizing or collection location within twenty-four (24) hours of being notified that the sample is ready for collection.

3.Prioritize assigned quality assurance testing samples and commence testing as soon as practicable following collection of the sample(s) from the homogenizing location.

4.Utilize the same methods for quality control testing that have been approved by the Commission and RIDOH for regular compliance testing.

5.Test quality assurance samples for each analyte specified by the Commission, RIDOH, or their designees, which may include any analyte required for sale by the Cannabis Act, the Medical Marijuana Act, these Regulations or RIDOH Testing Regulations, 216-RICR-60-05-6.21

6.Provide the results of quality assurance testing and, if requested, underlying data, to the Commission, RIDOH, and/or their assigned designees.

B.Based on results of information received from a laboratory during quality assurance testing, the Commission, in consultation with RIDOH, may take action(s), including but not limited to administrative action and/or a mandatory recall of cannabis or cannabis products, as it deems necessary to protect public health and safety and the integrity of the State’s cannabis testing program. R.I. Gen. Laws § 21-28.11-5.

History

• Amendment — effective from 2026-03-17 to current
• Adoption — effective from 2025-05-01 to 03/17/2026

560-RICR-10-10-2 § 2.29 Severability

A.If any section, term, or provision of these Regulations should be adjudged invalid for any reason, that judgment should not effect, impair, or invalidate any remaining section, term, or provision, which shall remain in full force and effect.

History

• Amendment — effective from 2026-03-17 to current
• Adoption — effective from 2025-05-01 to 03/17/2026

Subchapter 15 Medical Cannabis Program and Personal Cultivation

560-RICR-10-15-1 Caregiver Registration, Medical Home Grows and Personal Cultivation

560-RICR-10-15-1 § 1.1 Authority and Purpose

A.The Commission is authorized by R.I. Gen. Laws Chapters 21-28.6 and 21-28.11 to regulate all aspects of the medical cannabis program and to establish guidelines for adult use personal cultivation to fulfill the state obligation to monitor and verify compliance with the statutory requirements related to growing cannabis for medical and personal use, including those responsibilities transferred to the Commission from the Department of Business Regulation. R.I. Gen. Laws §§ 21-28.11-5, 21-28.11-10.1, 21-28.11-22, 21-28.6-4, 21-28.6-5, 21-28.6-6 and 21-28.6-15.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-15-1 § 1.2 Definitions

A.In addition to the terms defined in R.I. Gen. Laws §§ 21-28.11-3, 21-28.6-3, and all the Parts in this Chapter, for this Part the following terms shall have the following meanings:

1.“Cannabis Act” means R.I. Gen. Laws Chapter 21-28.11.

2."Commercial unit" means a building or other space within a commercial or industrial building, for use by one business or person and that is rented or owned by that business or person.

3.“Home-grow certificate” means a certificate issued to qualified patients and registered caregivers in the medical program, pursuant to R.I. Gen. Laws § 21-28.6-15 and referred to therein as “medical marijuana plant tags,” to allow patients to grow medical cannabis for themselves or for a registered caregiver to grow medical cannabis for a qualified patient or patients.

4.“Immature cannabis plant” means a cannabis plant, rooted or unrooted, with no observable flower or buds.

5.“Mature cannabis plant” means a cannabis plant that has flowers or buds that are readily observable by an unaided visual examination and/or measures at least eight (8) inches in height.

6.“Medical Marijuana Act” means R.I. Gen. Laws Chapter 21-28.6.

7.“Plant set” means one (1) mature cannabis plant and one (1) immature cannabis plant.

8.“Secure structure” means a structure within an indoor residence that satisfies all the following parameters:

a.An enclosed area with secure four walls and a secure roof as determined by the Commission; and

b.Is equipped with locks and any other appropriate security devices that limit access to the individual authorized to grow the medical cannabis. Locks must be sufficient to discourage theft and unauthorized entrance.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-15-1 § 1.3 Registered Primary Caregivers

1.3.1Eligibility

A.Pursuant to R.I. Gen. Laws §§ 21-28.6-3 and 21-28.6-4, a registered primary caregiver must be twenty-one (21) years of age or older and apply for and receive a valid registry identification card issued by the Commission. Such applications shall be completed on such forms and through such submission mechanisms as directed by the Commission.

1.There is no fee for the issuance or renewal of a primary caregiver registry identification card by the Commission. R.I. Gen. Laws § 21-28.6-5(d).

2.The Commission shall verify the information contained in the application or renewal and shall approve or deny an application or renewal within thirty-five (35) days of receiving a complete application. R.I. Gen. Laws § 21-28.6-9(b).

3.All primary caregiver registry identification cards issued by the Department of Business Regulation shall remain valid until their expiration date. Renewals and any new caregiver registry identification cards issued after the effective date of this regulation will be subject to this regulation and issued by the Commission.

4.If the Commission fails to respond by issuing a valid registry identification card in response to a valid and complete application submitted pursuant to the Medical Marijuana Act or these regulations within thirty-five (35) days of its submission, provided that the application was not denied, the registry identification card shall be deemed granted and a copy of the registry identification application shall be deemed a valid registry identification card. R.I. Gen. Laws § 21-28.6-9(b).

5.Applications from eligible primary caregivers appointed by patients who are currently receiving chemotherapy or have been admitted to hospice will be expedited and their applications, if deemed complete, will be issued within seventy-two (72) hours of receipt. R.I. Gen. Laws § 21-28.6-6(e).

6.The Commission may deny an application or renewal if:

a.The caregiver applicant did not provide the information required pursuant to the Medical Marijuana Act or this Part;

b.The Commission determines that the information provided was falsified;

c.The caregiver applicant or designating patient has violated the Medical Marijuana Act, the Cannabis Act or these or prior regulations under their previous registration;

d.The caregiver applicant or designating patient has otherwise failed to satisfy the application or renewal requirements;

e.The designating patient has elected to grow medical cannabis for themselves, has obtained a medical cannabis home-grow certificate under their patient registration, or is otherwise growing their own cannabis; or

f.The designating patient, caregiver applicant, or caregiver cardholder previously failed to satisfy program requirements set forth in R.I. Gen. Laws § 21-28.6-15(a).

1.3.2Registry Identification Card Requirements

A.In accordance with R.I. Gen Laws § 21-28.6-6(g), all registered primary caregivers will be subject to a national criminal background check prior to the issuance of their registry identification card and any medical home-grow certificate.

B.In accordance with R.I. Gen. Laws § 21-28.6-6(h)(3), a registry identification card shall contain:

1The name of the person applying as a primary caregiver;

2.The date of issuance and expiration date of the registry identification card;

3.A random registry identification number;

4.A photograph; and

5.Any additional information as required by the Commission.

C.Registry identification cards shall not be transferable to another cardholder.

D.A primary caregiver cardholder must notify the Commission:

1.Of any change in the cardholder’s status of appointing patient, or if their appointing patient ceases to have their debilitating medical condition, within ten (10) days of such change;

2.Of any changes related to the appointing patient’s information contained on the registry identification card;

3.If a patient cardholder has ceased to suffer from a debilitating medical condition, their appointed caregiver’s card and registration shall be deemed null and void and the former caregiver shall be subject to any penalties that may apply to the person’s non-medical production, manufacture, distribution or use of cannabis; or

4.Of a lost or stolen card. If a cardholder loses their registry identification card, the cardholder shall notify the Commission within ten (10) business days of losing the registry identification card.

a.Upon receipt of the notice, the Commission will issue a replacement registry identification card within five (5) days. R.I. Gen. Laws § 21-28.6-6(i)(6).

E.Duty to Notify the Commission of Disqualifying Criminal Information

1.A registered caregiver shall notify the Commission of any disqualifying criminal convictions as defined in R.I. Gen. Laws § 21-28.6-6(g). Such notification must be made in writing within ten (10) business days.

F.Expiration and Renewal of Registry Identification Cards

1.Registry identification cards shall expire one year after issuance.

2.Renewal applications shall be on such forms and through such submission mechanisms as directed by the Commission.

3.Renewal applications must be received by the Commission prior to the expiration of the registry identification card.

4.Any renewal of a registry identification card shall be subject to the same provisions and requirements covering issuance and denial of any card as originally issued.

G.Termination of a Registry Identification Card

1.If a cardholder violates any provisions of the Medical Marijuana Act, the Cannabis Act, these regulations or applicable DOH regulations, their registry identification card may be suspended or revoked by the Commission pursuant to § 1.4 of Subchapter 5 Part 1 and R.I. Gen. Laws §§ 21-28.6-6(g) and 21-28.6-6(i)(8).

a.When a qualifying patient cardholder changes their primary caregiver or authorized purchaser, the Commission shall notify the primary caregiver cardholder within ten (10) days. The primary caregiver cardholder’s protections as provided in the Medical Marijuana Act as to that patient shall expire ten (10) days after notification by the Commission. If the primary caregiver cardholder is connected to no other qualifying patient cardholders in the program, the caregiver must return their registry identification card to the Commission. R.I. Gen. Laws § 21-28.6-6(i)(5).

H.In accordance with R.I. Gen. Laws § 21-28.6-4(r), every registered caregiver prior to growing medical cannabis must:

1.Submit documentation that they own the premises where they will grow medical cannabis and register their growing location in accordance with § 1.4 of this Part; or

2.Submit documentation on forms issued by the Commission that shows they have the permission of the landlord/owner of the property to grow medical cannabis on the premises and register the grow location in accordance with § 1.4 of this Part.

1.3.3 Registered Caregiver Possession Limits

A.Pursuant to R.I. Gen. Laws §§ 21-28.6-4(f) and 21-28.6-4(g), no primary caregiver cardholder shall possess, for each patient cardholder to whom they are connected through the Commission’s registration process, an amount of cannabis which exceeds:

1.Twelve (12) mature and twelve (12) immature cannabis plants that are accompanied by a valid medical cannabis home-grow certificate issued by the Commission; and

a.Two and one-half (2.5) ounces of dried cannabis or its equivalent amount pursuant to § 2.4 of Subchapter 10 Part 2; or

b.A combination that does not exceed the usable cannabis limit of two and one-half (2.5) ounces pursuant to R.I. Gen. Laws § 21-28.6-4(f).

B.Pursuant to R.I. Gen. Laws § 21-28.6-4(p), regardless of the number of patients a primary caregiver is registered with, no primary caregiver cardholder shall possess an amount of cannabis in excess of:

1.Twenty-four (24) mature and twenty-four (24) immature cannabis plants that are accompanied by valid medical cannabis home-grow certificates issued by the Commission; and

a.Five (5) ounces of dried cannabis or its equivalent amount pursuant to § 2.4 of Subchapter 10 Part 2; or

b.A combination that does not exceed the usable cannabis limit of five (5) ounces pursuant to R.I. Gen. Laws § 21-28.6-4(p).

1.3.4Reimbursement Requirements and Documentation

A.Reimbursement Requirements – R.I. Gen. Laws § 21-28.6-4(i)

1.A registered primary caregiver cardholder may only receive reimbursement for the actual costs of goods, materials, services and utilities for which they have incurred expenses.

2.A registered primary caregiver may not receive reimbursement or compensation for their time, knowledge, or expertise.

B.Documentation Requirements – R.I. Gen. Laws § 21-28.6-4(i)

1.All registered primary caregiver cardholders shall maintain records of and document:

a.All actual costs of goods, materials, services or utilities for which they have incurred expenses while assisting their registered patient(s) with the medical use of cannabis;

b.All reimbursements, contributions, or considerations received from their registered patient(s) for expenses incurred as their caregiver;

c.The amount of medical cannabis plant material cultivated, harvested, and/or manufactured through the course of their caregiver activities; and

d.A transfer log which must include the amount of medical cannabis supplied and transferred to their qualified/appointing patient(s), the date of each transfer and the reimbursement amount the caregiver received. Each transfer must be initialed and dated by the receiving patient.

2.Registered primary caregivers shall maintain all logs, records and documentation of medical cannabis produced and/or manufactured, expenses, reimbursements, and patient transfers for the entire period that they provide medical cannabis to and are associated with their registered patient(s) and for a period of at least one year thereafter.

3.Caregivers must produce for review all logs, records, and documentation of their expenses, reimbursements, cannabis production and patient transfers to their registered/appointing patient(s), or to the Commission, upon request.

1.3.5Confidentiality Provisions

A.Applications and supporting information submitted by qualifying patients, including information regarding their primary caregivers, are confidential and protected in accordance with the Medical Marijuana Act.

B.Any list(s) of the persons to whom DOH and/or the Commission have issued registry identification card shall be maintained confidentially.

1.Individual names and other identifying information on the list:

a.Shall be confidential and not be considered a public record pursuant to R.I. Gen. Laws § 38-2-2(4); and

b.Shall not be subject to disclosure, except to authorized employees of DOH and the Commission as necessary to perform official duties of these agencies and pursuant to the Medical Marijuana Act.

2.Pursuant to R.I. Gen. Laws § 21-28.6-6(l), the Commission or its designee shall verify to law enforcement personnel whether a Commission issued caregiver registry identification card and/or medical cannabis home-grow certificate is valid.

3.Pursuant to R.I. Gen. Laws § 21-28.6-6(l), the Commission or its designee may notify law enforcement personnel about falsified or fraudulent information submitted to the Commission, violations of the Medical Marijuana Act, the Cannabis Act and/or this Part.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-15-1 § 1.4 Medical Cannabis Home-Grow Certificate Program

A.Registration is required for all medical home-grows for patients and caregivers.

1.Qualified Rhode Island patients and registered Rhode Island primary caregivers who have a valid registry identification card issued by DOH or the Commission must apply to the Commission for a medical cannabis home-grow certificate to grow medical cannabis.

2.One certificate will be issued for all plant sets grown by a single eligible registered patient or caregiver.

3.There is no fee for the issuance of a medical home-grow certificate to patient cardholders and/or registered caregivers by the Commission. R.I. Gen. Laws § 21-28.6-15(a).

B.Medical Home-Grow Registration Requirements

1.Qualified Rhode Island patients and registered primary caregivers shall register their selected cannabis grow location with the Commission prior to beginning cultivation.

2.Registrations shall be on such forms and through such submission mechanisms as directed by the Commission. Required registration information shall include, but is not limited to:

a.The registry identification number of the person applying, and, if that person is a caregiver, the registry identification number(s) of the patient(s) the caregiver is authorized to grow for;

b.Identification of the single grow location selected by the person applying;

c.Current contact information for the qualified Rhode Island patient or registered Rhode Island primary caregiver overseeing the cultivation; and

d.Documentation confirming that the person applying owns the premises where they will grow medical cannabis, or that the person has obtained the permission of the landlord/owner of the property to grow medical cannabis on the premises.

e.The number of plants that will be grown shall not exceed the limits for medical home-grows pursuant to R.I. Gen. Laws § 21-28.6-4(a), (f) & (g).

3.A Rhode Island registered patient or caregiver may not grow cannabis at more than one location. R.I. Gen. Laws § 21-28.6-4(r).

4.A registered patient who has been appointed a caregiver to grow on the patient’s behalf is not permitted to register a home grow for themselves.

5.Before issuing a medical cannabis home-grow certificate, the Commission will verify the validity of the applying person’s registry identification card and, if that person is a caregiver, the validity of the registry identification card(s) of the patient(s) for whom the caregiver is authorized to grow.

6.Once an application has been approved, the home-grow certificate will be issued by the Commission to the qualified patient or registered primary caregiver.

7.Each home-grow certificate shall only be used by the individual to whom, and at the location for which, it was issued. Home-grow certificates shall not be transferred or assigned.

8.Home-grow certificates shall not be altered or duplicated.

9.The home-grow certificate shall be printed and posted clearly and conspicuously in any room that holds medical cannabis plants associated with the home-grow certificate.

10.Home-grow certificates do not authorize transport of cannabis plants or cannabis outside the borders of the state of Rhode Island under any circumstances.

11.As a continuing condition of holding a home-grow certificate, home-grow certificate holders may not pursue any cannabis transaction or activity that is in violation of the Cannabis Act, the Medical Marijuana Act, and/or these regulations, including pursuing any transaction through online advertising.

C.The medical home-grow certificate shall display, be electronically embedded with, or otherwise contain the following data:

1.Unique numerical, serial or alpha-numerical identifiers.

2.A patient’s registration ID number and, if applicable, the registered primary caregiver’s registration ID number.

a.For a qualified patient cardholder who is growing individually, the identifier shall correspond to their DOH patient registry identification card number.

b.For a registered primary caregiver cardholder, the identifier shall correspond to their Commission issued caregiver registry identification card number and the DOH patient registry identification card number(s) of the qualified patient cardholder(s) they are registered to grow for.

c.Expiration date of the medical cannabis home-grow certificates.

d.Grow location.

e.The number of plant sets the qualified Rhode Island patient or primary caregiver has lawfully obtained plant tag certificates for.

f.Any other information the Commission deems appropriate that is not subject to the patient privacy provisions of the Medical Marijuana Act.

D.Medical Home-Grow Location Requirements

1.Home-grow certificates will only be issued under the express and continuing condition that they will only be used for plants that are grown at a registered location and stored in a secure structure.

2.At the grow location reasonable efforts must be taken to:

a.Ensure that cannabis is not visible from the street or other public areas; and

b.Prevent cannabis plant odors from exiting the grow location to an extent that would significantly alter the environmental odor outside.

E.Medical Home-Grow Maximum Number of Plant Sets

1.A qualified Rhode Island patient cardholder may receive a medical cannabis home-grow certificate for no more than twelve (12) plant sets. The total number of plant sets shall be displayed on the medical cannabis home-grow certificate.

2.A registered primary caregiver connected with one (1) qualified patient cardholder through the Commission’s registration process may receive a certificate for no more than twelve (12) plant sets. The total number of plant sets shall be displayed on the home-grow certificate and correspond to the possession limits set by R.I. Gen. Laws §§ 21-28.6-4(f) and 21-28.6-4(g), respectively.

3.A registered primary caregiver cardholder connected with more than one (1) qualified Rhode Island patient cardholder through the Commission’s registration process may receive a certificate for no more than twenty-four (24) plant sets. The total number of plant sets shall be displayed on the medical cannabis home-grow certificate and correspond to the possession limits set by R.I. Gen. Laws §§ 21-28.6-4(f) and 21-28.6-4(g), respectively.

4.For qualifying patient cardholders and primary caregiver cardholders who are authorized to grow, no more than twenty-four (24) plant sets, inclusive of any adult-use plant sets, shall be grown or otherwise located at any one dwelling unit or commercial unit. The number of qualifying patients or registered primary caregivers residing, owning, renting, growing or otherwise operating at a dwelling or commercial unit does not affect this limit. R.I. Gen. Laws § 21-28.6-4(r).

F.Duty to Update Information

1.The medical cannabis home-grow certificate holder has a continuing obligation to update all application information in a timely manner including but not limited to legal name, physical and mailing address, phone number, e-mail address and grow location.

G.Replacement of Medical Home-Grow Certificate

1.Any stolen or lost medical cannabis home-grow certificate must be reported to the Commission within ten (10) business days.

H.Termination of Medical Home Grow

1.A patient shall notify the Commission and confirm the destruction of any remaining plants within ten (10) business days of any of the following occurrences:

a.Election to no longer grow medical cannabis for themselves;

b.Voluntary surrender of the registry identification card; or

c.Revocation of the registry identification card.

2.A registered primary caregiver shall notify the Commission and confirm the destruction of any remaining plants within ten (10) business days of any of the following occurrences concerning that patient:

a.Death;

b.Termination of the relationship with the registered primary caregiver;

c.Voluntary surrender of the registry identification card; or

d.Revocation of the registry identification card.

3.If a registered primary caregiver stops growing for one patient but then starts growing for another patient, the caregiver must apply for a new/updated home-grow certificate within ten (10) business days of any change.

I.Manufacturing Prohibitions

1.Patients and primary caregiver cardholders are prohibited from engaging in any cannabis manufacturing or extraction process using a solvent extraction process that includes the use of a compressed, flammable gas as a solvent. R.I. Gen. Laws § 21-28.6-4(t).

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-15-1 § 1.5 Commission Monitoring Process for the Medical Home-Grow Program

A.If the Commission has reasonable grounds to believe that a medical cannabis home-grow certificate holder, a registered primary caregiver or a Rhode Island qualified patient cardholder who has made an election to grow but who has not obtained or renewed a home-grow certificate may be in violation of the home-grow certificate requirements and/or plant possession limits set forth in the Medical Marijuana Act, the Cannabis Act and/or these regulations, the below steps may be taken to verify compliance or to prompt the person to come into compliance.

1.Written Notice: A written notice may be sent to the person explaining the home-grow certificate requirements and plant possession limits set forth in the Medical Marijuana Act, the Cannabis Act and these regulations, why the Commission has reason to believe the person may be out of compliance, and outlining the information the person may provide and/or the action(s) the person may take to verify or come into compliance.

2.Nothing herein shall prohibit the Commission from notifying law enforcement of suspected violations in accordance with § 1.4 of Subchapter 5 Part 1 or from scheduling or conducting a reasonable onsite inspection in collaboration with law enforcement should the nature of the suspected violation require an immediate response.

B.Revocation

1.Failure to comply with the medical cannabis home-grow certificate requirements may result in revocation pursuant to R.I. Gen. Laws § 21-28.6-15(c) and § 1.4 of Subchapter 5 Part 1.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-15-1 § 1.6 Adult Use Personal Cultivation

A.Personal cultivation outside the medical cannabis program is permitted in accordance with R.I. Gen. Laws § 21-28.11-22 and the requirements set forth in this Part.

B.In accordance with R.I. Gen. Laws § 21-28.11-22(a)(2), persons who are twenty-one (21) years of age or older may, indoors within any residence, possess, cultivate or process not more than a total of three (3) mature cannabis plants and up to a total of three (3) immature cannabis plants per dwelling unit for personal use, provided that:

1.The location of the cannabis plant(s) within the dwelling unit is equipped with locks and any other appropriate security devices that limit access to the area, including but not limited to individuals under the age of twenty-one (21).

2.Reasonable efforts must be taken to:

a.Ensure that cannabis is not visible from the street or other public areas; and

b.Prevent cannabis plant odors from exiting the grow location to an extent that would significantly alter the environmental odor outside.

C.Adult Use Personal Cultivation: Requirements and Restrictions

1.No more than three (3) adult use plant sets shall be grown or otherwise located within any one dwelling unit. The number of individuals residing at a dwelling does not affect this limit. R.I. Gen. Laws § 21-28.11-22(a)(2).

2.Growers of adult use cannabis are not required to register their home grows with the Commission but must comply with all applicable state laws, including but not limited to the Cannabis Act and the Rhode Island Controlled Substances Act, R.I. Gen. Laws Chapter 21-28-1.01.

3.Growers of adult use cannabis for personal use are prohibited from engaging in any cannabis manufacturing or extraction process using a solvent extraction process that includes the use of a compressed, flammable gas as a solvent.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-15-1 § 1.7 Penalties

A.Administrative penalties for violations of the Cannabis Act, the Medical Marijuana Act, or any associated rules and regulations promulgated thereunder may be imposed by the Commission pursuant to those acts and Subchapter 5 Part 1.

History

• Adoption — effective from 2025-05-01 to current

560-RICR-10-15-1 § 1.8 Severability

A.If any section, term, or provision of these regulations should be adjudged invalid for any reason, that judgment should not effect, impair, or invalidate any remaining section, term, or provision, which shall remain in full force and effect.

History

• Adoption — effective from 2025-05-01 to current

Subchapter 20 Industrial Hemp

560-RICR-10-20-1 Rhode Island Industrial Hemp Program

560-RICR-10-20-1 § 1.1 Authority

A.This Part is promulgated by the Cannabis Control Commission, with the assistance of the Department of Environmental Management, Division of Agriculture, in accordance with R.I. Gen. Laws § 2-26-1, et seq., The Hemp Growth Act (the "Act"), and 7 U.S.C.A. § 1639o-s, The Agriculture Improvement Act of 2018 (“AIA 2018”).

History

• Amendment — effective from 2025-12-08 to current
• EMERGENCY RULE Adoption — effective from 2025-07-21 to 12/08/2025

560-RICR-10-20-1 § 1.2 Purpose

A.The purpose of this Part is to describe the licensing and regulation of industrial hemp growth, production, distribution and retail sales as an agricultural product as provided for in R.I. Gen. Laws § 2-26-4 and AIA 2018, § 297 as it pertains to the hemp growers and handlers, and the employees of each, as participants in the state's Industrial Hemp Program.

History

• Amendment — effective from 2025-12-08 to current
• EMERGENCY RULE Adoption — effective from 2025-07-21 to 12/08/2025

560-RICR-10-20-1 § 1.3 Scope

A.This Part applies to the growth, production, distribution and retail sale of industrial hemp by industrial hemp growers, handlers, retailers and distributors and the employees of each. This Part shall apply only to applicants and licensees under this Part and not to other parts of these Regulations.

History

• Amendment — effective from 2025-12-08 to current
• EMERGENCY RULE Adoption — effective from 2025-07-21 to 12/08/2025

560-RICR-10-20-1 § 1.4 Incorporated Materials

A.The regulations in this Part hereby adopt and incorporate 40 C.F.R. § 152.25(f) (2018) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

B.The regulations in this Part hereby adopt and incorporate Environmental Protection Agency’s “Active Ingredients Eligible for Minimum Risk Pesticide Products” (2015) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with the regulation in this Part.

C.The regulations in this Part hereby adopt and incorporate Environmental Protection Agency’s “Inert Ingredients Eligible for FIFRA 25(b) Pesticide Products” (November 2016) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with the regulations in this Part.

D.The regulations in this Part hereby adopt and incorporate 7 C.F.R. § 990 (1-1-2023 edition), Domestic Hemp Production Program, by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with the regulations in this Part.

History

• Amendment — effective from 2025-12-08 to current
• EMERGENCY RULE Adoption — effective from 2025-07-21 to 12/08/2025

560-RICR-10-20-1 § 1.5 Definitions

A."Acceptable Hemp THC level" or ".n% THC" as used throughout this Part means:

1.Prior to Harvest: The level of THC in a given hemp sample reported by the laboratory conducting the testing in accordance with Licensing Analytical Laboratories for Sampling and Testing Cannabis 216-RICR-60-05-6.21, which applies the measurement of uncertainty, reported in conjunction with a confidence level of at least 95% in accordance with the USDA's Testing Guidelines for Identifying Delta-9 Tetrahydrocannibinol (THC) in Hemp, to the total reported delta-9 tetrahydrocannabinol content concentration and which complies with § 1.5(R) of this Part; and

2.Post Harvest: The level of total THC, including THCa, all isomers and derivatives thereof in a given hemp-derived consumable product sample with results reported by an approved testing facility shall not exceed, unless otherwise permitted by the Commission: 1 mg of total THC per serving, 5 mg of total THC per package, or .3% total THC on a dry weight basis pursuant to the applicable product type.

B.“Agent” as used in this Part means any individual who is authorized to act for or in place of the licensee.

C.“Approved Testing Facility” or "approved testing facility as determined by the commission" pursuant to R.I. Gen. Laws § 2-26-6(a) means:

1.Within the State of Rhode Island, an analytical laboratory that is licensed by RIDOH pursuant to the rules and regulations promulgated by it for Licensing Analytical Laboratories for Sampling and Testing Cannabis (216-RICR-60-05-6); and

2.Outside the State of Rhode Island, an analytical laboratory that is licensed by its state of residence to test hemp and hemp-derived consumable CBD and/or has received accreditation to test hemp and hemp-derived consumable CBD in accordance with the International Standards Organization (“ISO”) ISO/IEC 17025:2017.

D.“CBD” or “Cannabidiol” as used in this Part means cannabidiol (CBD) derived from a hemp plant as defined in R.I. Gen. Laws § 2-26-3, not including products derived from exempt cannabis plant material as defined in 21 C.F.R. § 1308.35.

E."Certified" means:

1.With respect to hemp including hemp derivatives, is produced from plants that were tested within thirty (30) days of harvest or after processing as applicable and found to produce industrial hemp having a total THC concentration that does not exceed 0.3% on a dry weight basis or per volume basis regardless of moisture content as demonstrated through relevant documentation; and

2.With respect to hemp-derived consumable CBD products, is compliant with the Act and the regulations of this Part as demonstrated through relevant documentation and/or as approved by the Commission.

F.“Child-Resistant” as used in this Part means packaged in accordance with the Poison Prevention Packaging Act of 1970 (15 U.S.C.A. § 1471-75) and 16 C.F.R. Part 1700, et seq.

G."Commission" means the Cannabis Control Commission or its designee.

H.“Consumable” and any of its grammatical derivatives means intended for ingestion by inhalation or oral intake by a human or animal.

I.“Distributor” or “Licensed CBD Distributor” means a person licensed to distribute at wholesale to a Licensed hemp-derived consumable CBD retailer hemp-derived consumable CBD products as defined in R.I. Gen. Laws § 2-26-3(11).

J.“Division” or "DEM" means the Rhode Island Department of Environmental Management Division of Agriculture.

K."Extraction" means a process by which cannabinoids, terpenes, or any other compound are separated from cannabis plant material through chemical or physical means.

L."Growing area" means the land on which a licensee cultivates, produces or plans to cultivate or produce industrial hemp.

M."Grower" means a person or entity who or that cultivates hemp for commercial purposes.

N."Handler" means a person or entity who or that processes or manufactures hemp into commodities, products, or agricultural hemp seed.

O."Hemp derivative" means any compound or substance collected or extracted from industrial hemp including but not limited to Cannabidiol, other cannabinoids or terpenes.

P.“Hemp-derived consumable CBD product” means any product meant for ingestion by a human or animal, including, but not limited to, concentrates, extracts, and cannabis-infused foods and products, which are certified pursuant to § 1.5(E) of this Part and may contain cannabidiol derived from a hemp plant as defined in R.I. Gen. Laws § 2-26-3, which shall only be sold to persons age twenty-one (21) or older, which shall not include products derived from exempt cannabis plant material as defined in 21 C.F.R. § 1308.35.

Q."Hemp products" or "industrial hemp products" means all products made from the plants, including, but not limited to, concentrated oil, cloth, cordage, fiber, food, fuel, hemp-derived consumable CBD products, paint, paper, construction materials, plastics, seed, seed meal, seed oil, and seed certified for cultivation, which satisfy the requirements of the Act as defined in R.I. Gen. Laws § 2-26-3(10).

R."Industrial hemp" or "hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total delta-9 tetrahydrocannabinol concentration distribution range of not more than three-tenths percent (.3%) on a dry weight or per volume basis regardless of moisture content, and which satisfies the requirements of the Act as defined in R.I. Gen. Laws § 2-26-3(8).

S."Institution of higher education" shall have the meaning set forth in 20 U.S.C. § 1001 and consistent with R.I. Gen. Laws § 2-26-9.

T.“Key participants” means an entity’s officers, directors, owners, shareholders, managers, members, agents or any other person with executive managerial control of or within the entity.

U."Law enforcement agency" means a federal, state or local agency responsible for maintaining public order and enforcing the law, particularly activities involving prevention, detection and investigation of crime and the apprehension of violators.

V."License" as used in this Part means an industrial hemp grower, industrial hemp handler, CBD distributor and/or CBD retailer license issued by the Commission pursuant to the Act and the regulations of this Part.

W."Licensed cardholder" as used in this Part means and includes all officers, directors, owners, shareholders, managers, members, employees, and agents who have been issued a registry identification for their association with the licensee.

X."Licensee" as used in this Part means an individual or entity holding a License.

Y."Licensing agreement" means an agreement executed by the licensee agreeing to abide by the regulations of this Part and any other terms and conditions the Commission deems necessary for enforcing the Act.

Z."Licensing period" as used in this Part means the time during which an industrial hemp grower, handler, CBD distributor and/or CBD retailer License is valid. Licenses are issued for two-year terms (grower/handler) and one-year terms (CBD distributor/CBD retailer).

AA."Lot" means a contiguous area in a field, greenhouse or indoor growing structure containing the same variety or strain of Cannabis throughout the area.

BB.“Negligence” as used in § 1.15(A) of this Part and pursuant to the AIA 2018 and 7 C.F.R. § 990.1 means failure to exercise the level of care that a reasonably prudent person would exercise in complying with the regulations set forth under this Part and includes:

1.Failing to provide a legal description of land on which the producer produces hemp;

2.Failing to obtain a license or other required authorization from the Commission;

3.Growing, distributing or selling at retail Cannabis sativa L. with a total delta-9 tetrahydrocannabinol concentration of more than 0.3 percent on a dry weight basis; and

4.Failing to comply with the Act or the regulations of this Part.

5."Negligence" as used in this Part does not include the production of plants that exceed .3% total THC concentration but are less than 1.0% total THC concentration on a dry weight basis if the licensee used reasonable efforts to cultivate plants with a .3% or lower total THC concentration on a dry weight basis.

CC.“Non-contiguous growing area” means a growing area on which a licensee grows or plans to grow industrial hemp that is separated from other growing areas by more than a mile. Partial acreage should be rounded up to the next whole acre.

DD.“Person” as used in this Part means a natural person, corporation, association, partnership or other legal entity.

EE.“Program” means the state’s Industrial Hemp Program established pursuant to the Act, the regulations of this Part and compliant with the AIA 2018.

FF.“Program Tracking System” means any system(s) approved by the Commission to record and track all “seed to sale” activities and transactions in accordance with §§ 1.11(A)(1) and 1.6(E)(4) of this Part.

GG.“Research” means the growth, cultivation and handling of industrial hemp either by an institution of higher education or otherwise under the Program for purposes of agricultural or academic research.

HH.“Retailer” or “licensed CBD retailer” as used in this Part means a person licensed to sell hemp-derived consumable CBD products directly to consumers as defined in R.I. Gen. Laws § 2-26-3(12).

II."RIDOH" means the Rhode Island Department of Health.

JJ."Sample" means plant parts taken as representative of an individual plant or the combined total plants in the growing area, or a production batch of hemp or hemp derivatives, and/or final form hemp-derived consumable products.

KK."Testing Agent" as used in this Part shall mean an employee of an approved testing facility who performs independent testing of the licensee's hemp in accordance with § 1.9(D)(1) of this Part.

LL."THC" as used in this Part means THC as defined in R.I. Gen. Laws § 2-26-3(13) and includes delta 9-tetrahydrocannabinol, the principal psychoactive constituent of cannabis, tetrahydrocannabinol acid and the natural or synthetic equivalents of the substances contained in the plant, or in the resinous extractives of, cannabis sativa L., or any synthetic substances, compounds, salts, or derivatives of the plant or chemicals and their isomers.

MM."The Hemp Growth Act" or "Act" as used in this Part means R.I. Gen. Laws § 2-26-1, et seq.

NN.“Tracking Certificate” means a registration certificate authorized or issued by the Commission or which the Commission requires be used for the compliant possession and cultivation of hemp plants in accordance with the Act and the regulations of this Part.

OO."Volunteer Plant" means any cannabis plant which is self-propagated and grows of its own accord from seeds or roots in the years following an intentionally planted industrial hemp crop. Volunteer plants are not intentionally planted.

History

• Amendment — effective from 2025-12-08 to current
• EMERGENCY RULE Adoption — effective from 2025-07-21 to 12/08/2025

560-RICR-10-20-1 § 1.6 Application Process – Grower and Handler

A.Each applicant for an industrial hemp grower, handler or dual license must submit to the Commission:

1.A signed, complete, accurate and legible application in the form prescribed by the Commission;

2.A non-refundable application fee of two-hundred and fifty dollars ($250); and

3.Any other information as required by the Commission.

B.Applicants applying to renew a license must submit a renewal application along with the applicable renewal licensing fee and must submit any other information as required by the Commission.

C.Applications for initial and for renewal licenses must include, on the application, the licensing numbers of any previous licenses held and year of issuance of those licenses.

D.The Commission will consider applications for industrial hemp grown outdoors or indoors.

E.The industrial hemp grower, handler or dual license applicant must provide:

1.Name, mailing address, e-mail address and telephone number of:

a.The applicant who will supervise, manage, or direct the growing, and/or handling of hemp or hemp products;

b.Any person partnering or providing consulting services regarding the growing and/or handling, of hemp or hemp products; and

c.The applicant's employees and, if the applicant is an entity, the applicant shall provide the title and e-mail address of the applicant's key participants.

2.If the applicant is an entity, the applicant must also provide its full name, the address of its principal place of business, and its Internal Revenue Service Employer Identification Number.

3.A detailed description of the land area (including street address, assessor's plat and lot number, square footage and if the land does not abut a public road, the nearest public road of access) or facility location to be used for the growth, production, distribution and/or sales of industrial hemp including, but not limited to a map or aerial photograph and Global Positioning System ("GPS") coordinates sufficient for locating production fields and showing the boundaries, dimensions and size of the growing area, total acreage of the growing area, and a description of the building including approximate dimension or square feet of the growing area if cultivation occurs indoors.

4.A description of how the applicant will track hemp growth from seed to sale, including the policies and procedures for handling voluntary and mandatory recalls of all hemp, hemp derivatives and hemp products.

a.Such procedures shall be adequate to deal with recalls due to any action initiated at the request or order of the Commission, and any voluntary action by a grower, handler, or dual licensee to remove defective or potentially defective hemp, hemp derivatives or hemp products from the market, as well as any action undertaken to promote public health and safety.

5.A signed statement that the applicant is the owner or lessee of the growing area, land area and any building to be used for cultivation, and/or handling, of industrial hemp and/or hemp products or a statement, signed by the owner of the growing area, land area and any building consenting to that use.

6.An attestation that:

a.Upon receipt of the industrial hemp seeds the licensee shall submit a copy of the certificate of analysis to the Commission showing the industrial hemp seeds for cultivation are from a certified source and is of a type or variety that do not exceed the maximum concentration of delta-9 THC as set forth in the Act, as applicable;

b.If a licensed grower or handler, the licensee will submit to required sampling and testing pursuant to § 1.9 of this Part; and

c.If a licensed handler, upon receipt of the industrial hemp plants, flower or product, the licensee shall retain and submit a copy of the certificate of analysis from an approved testing facility to the Commission, if requested, showing the plants, flower or product does not exceed the maximum concentration of THC as defined by § 1.5(LL) of this Part and set forth in the Act, as applicable.

7.A detailed description of the applicant's cultivation or production method, as applicable, specifically including a description of how the applicant will keep lots from being commingled.

8.A detailed description of the applicant's extraction method, if applicable.

9.A statement of intended end use for all industrial hemp to be grown or produced including parts or derivatives of any hemp plants or hemp that will be grown or produced by the applicant, if applicable.

10.Documentation that the applicant has or will enter into sale agreements or otherwise transact with another licensee or such other persons who are in compliance with applicable laws regarding the possession, processing and sale of industrial hemp.

11.Applicant's desired license type, whether grower, handler, or dual grower and handler.

12.Documentation demonstrating that the applicant’s grower and/or handler activities will comply the city/town’s applicable zoning ordinances.

13.Any other information the Commission determines is necessary for enforcing the Act, the Program and the regulations of this Part.

F.All grower applications will be submitted to DEM for its review before the issuance of any license. As a result of DEM review, the applicant may be asked to provide additional information as needed by the Commission or DEM. Failure to provide such additional information or otherwise respond may result in the denial of the license.

G.Incomplete grower, handler, dual license applications are deficient and will not be processed.

H.False, inaccurate or misleading information provided on an application is grounds for license denial. Licenses may be denied to applicants who have previously had an industrial hemp license revoked, suspended or denied. Any applicant that materially falsifies information contained in their application shall be deemed ineligible to participate in the Industrial Hemp Program.

I.In conformity with 7 C.F.R. § 990.7, the Commission will maintain and transmit the information in §§ 1.6(E)(1) and (3) of this Part to the United States Department of Agriculture through its HeMP online system within thirty (30) days of the Commission's approval of an application, or the licensee’s notice to the Commission of a change to said information.

History

• Amendment — effective from 2025-12-08 to current
• EMERGENCY RULE Adoption — effective from 2025-07-21 to 12/08/2025

560-RICR-10-20-1 § 1.7 Application Process – Distributor and Retailer

A.Each applicant for a hemp-derived consumable CBD distributor or retailer license must submit to the Commission:

1.A signed, complete, accurate and legible application in the form prescribed by the Commission; and

2.Any other information as required by the Commission.

B.Applicants applying to renew a license must submit a renewal application along with any additional information as requested by the Commission.

C.The applicant must provide:

1.The name and address of the applicant who will supervise, manage, and direct the distribution or sale of hemp-derived consumable CBD products;

2.The names and addresses of any person or entity partnering or providing consulting services regarding the distribution or sale of hemp-derived CBD products;

3.The location of the facility and other information as may be required by the Commission as to where the distribution and/or sale of hemp-derived consumable CBD products will occur;

4.Documentation that the applicant and/or its agents have entered into a purchase agreement with a hemp handler, distributor or retailer;

5.A description of how the applicant will track hemp distribution and sale from purchase to sale, including the policies and procedures for handling voluntary and mandatory recalls of all hemp-derivatives and hemp-derived consumable CBD products;

a.Such procedures shall be adequate to deal with recalls due to any action initiated at the request or order of the Commission, and any voluntary action by a hemp-derived CBD distributor and/or retailer to remove defective or potentially defective hemp derivatives or hemp-derived CBD products from the market, as well as any action undertaken to promote public health and safety;

6.Documentation demonstrating that the applicant’s retailer and/or distributor activities will comply the city/town’s applicable zoning ordinances;

7.An attestation that upon receipt of industrial hemp-derived consumable products, the licensee shall retain and if requested submit a copy of the certificate of analysis from an approved testing facility to the Commission, showing the product has undergone all required and enforced testing pursuant to § 1.9 of this Part and does not exceed the Acceptable Hemp THC Level as defined in § 1.5(A) of this Part, as set forth in the Act; and

8.Any other information requested by the Commission.

D.Incomplete distributor or retailer applications are deficient and will not be processed.

E.False, inaccurate, omitted or misleading information provided on an application is grounds for license denial. Licenses may be denied to applicants who have previously had an industrial hemp license revoked, suspended or denied.

History

• Amendment — effective from 2025-12-08 to current
• EMERGENCY RULE Adoption — effective from 2025-07-21 to 12/08/2025

560-RICR-10-20-1 § 1.8 Issuance of Licensing Agreement and License

A.Upon approval of an application,

1.A grower, handler or dual license applicant must pay the license fee of two thousand five hundred dollars ($2,500).

2.A distributor or retailer must pay a license fee of five-hundred dollars ($500).

3.License fees must be paid prior to license issuance, unless a grower or handler is otherwise eligible for a distributor or retailer license at no additional cost pursuant to R.I. Gen. Laws § 2-26-5(f).

B.A license is issued only for one (1) location and the type of activity(ies) listed on the license.

1.Non-contiguous growing areas require separate licenses.

C.Each applicant must sign a licensing agreement. The failure of the licensee to comply with any term or condition of the licensing agreement shall be grounds for license revocation, suspension or other enforcement action.

D.By signing the licensing agreement, the licensee agrees to the following terms and conditions:

1.The licensee will allow the inspection and sampling of the industrial hemp and hemp products, including crops, any derivatives and hemp-derived consumable CBD products, at any and all times that the Commission deems necessary, including but not limited to sowing, growing, production, harvest, storage, distribution and retail sale.

2.All records relating to planting, growth, cultivation, harvest, production, processing, destruction, distribution, sales and marketing of industrial hemp and hemp products must be kept for a period of five (5) years. The records must be made available to the Commission upon request.

3.The Commission may require reporting of any information or data associated with the planting, growth, cultivation, harvest, production, processing, distribution, sales and marketing of industrial hemp and hemp products. The licensee must submit all required reports by the due dates specified by the Commission.

4.Information provided to the Commission and data collected by the Commission through the industrial hemp licensing and regulation process may be publicly disclosed and may be provided to DEM and other government agencies and law enforcement agencies without notifying the licensee.

5.Licensees shall comply with the Act, the regulations of this Part, all other terms and conditions the Commission determines necessary for enforcement thereof and all other laws applicable to the applicant and its operations, including requirements under any applicable DEM and RIDOH regulations.

6.Any failure to comply with the licensing agreement, the Act or the regulations of this Part may be enforced by the Commission as an administrative violation and shall be grounds for license suspension or revocation.

E.All grower and handler licenses shall be valid for two (2) years. Licensees must re-apply to participate in the program every two (2) years through timely renewal of their license. All industrial hemp plant material must be planted and harvested within the licensing period unless otherwise approved by the Commission.

F.All distributor and retailer licenses shall be valid for one (1) year. Licensees must re-apply to participate in the program every year through timely renewal of their license.

G.No industrial hemp plants shall be included in any licensed marijuana production programs, without the prior approval of the Commission in its discretion. No growing area may contain cannabis plants which the licensee knows or has reason to know are of a variety that will produce a plant that when tested will contain more than 0.3% total THC on a dry weight basis.

H.Amendments to an existing license may be limited to reduction in the number of acres planted or square footage used within the original growing area and changes to contact information.

1.Any licensee who wishes to reduce the growing area on which the licensee will conduct industrial hemp cultivation or production must submit to the Commission at least ten (10) days prior to the planting or commencement of production, an updated detailed description of the growing area including GPS location and map and building description with approximate square footage of growing area, if applicable, for review and approval by the Commission.

2.Requests to expand the original growing area are subject to review and approval by the Commission, in its sole discretion, and if granted may require a separate application and license.

3.No reimbursements of license fees shall be made notwithstanding any reduction in the growing area during any licensing period.

4.Any changes to the information required under §§ 1.6(E) or (F) of this Part must be approved by the Commission prior to the change.

I.Any conversion of cannabidiol or any other cannabinoid to delta9-tetrahydrocannabinol, any derivative form of THC, or any other cannabinoid by any licensee and/or the subsequent sale of such synthetic cannabinoids in the Program is strictly prohibited unless an approved variance for such a process and/or sale is approved and issued by the Commission.

History

• Amendment — effective from 2025-12-08 to current
• EMERGENCY RULE Adoption — effective from 2025-07-21 to 12/08/2025

560-RICR-10-20-1 § 1.9 Inspection, Sampling and Testing

A.During inspection and sampling, the licensee or its authorized representative must be present and must allow complete and unrestricted access to all industrial hemp, including plants, parts, seeds, derivatives and products within a licensed area whether growing, producing, harvested or stored, and all land, buildings and other structures used for the cultivation, production, manufacturing or storage of industrial hemp derivatives and hemp products, including retail and distribution facilities, and all documents and records pertaining to the licensee's industrial hemp operations.

B.Inspection

1.Consistent with the AIA 2018 § 10113, Sec. 297B(a)(2)(A)(v) all licensees are subject to and will undergo mandatory annual inspections that may be conducted randomly by the Commission in its discretion, and include but are not limited to:

a.License application inspection: Prior to issuing a license, the Commission may schedule a site visit to the applicant’s location. The purpose of this visit will be to inspect the location, to review information that was provided during the application process and to review the proposed industrial hemp and/or consumable CBD operations.

b.Records inspections: the Commission may conduct reasonable inspections of a licensee's books and records to ensure that the licensee is complying with applicable law including the Act and the regulations of this Part.

c.Periodic Inspections: Pursuant to R.I. Gen. Laws §§ 26-6-6 and 2-26-7(b) all licensees are subject to periodic inspection to verify compliance with the requirements of the Act and the regulations of this Part including inspection during sowing, growing season, harvest, storage, production, distribution and/or sales.

C.Sampling

1.The Commission will require testing of industrial hemp and hemp products to ensure that it does not exceed the 0.3% total THC level, as required by R.I. Gen. Laws § 2-26-3(8) and is in compliance with other provisions of the Act and the regulations of this Part.

2.For all hemp growers, sampling of lots must be conducted thirty (30) days prior to harvest by a testing agent and with the licensee and, if applicable, a Commission representative present. Sampling will be scheduled in advance with the licensee or an authorized representative of the licensee.

3.All industrial hemp, hemp derivatives and/or hemp-derived CBD products being distributed, sold at retail, grown and/or produced within a licensed area, are subject to sampling by a licensed testing facility agent with the licensee and, if applicable, a Commission representative present to ensure compliance with the Act and the regulations of this Part. The licensee shall be responsible for the cost and expense of all sampling.

4.The Commission may require samples from hemp plants, hemp derivatives or hemp-derived CBD products from any licensee at any time if the Commission has reason to believe a violation of the Act or the regulations of this Part may be occurring or has occurred.

5.In conformity with § 1.9(C)(2) of this Part, a hemp grower will be directed to abstain from harvesting its hemp crop until sampling occurs.

6.Samples from hemp plants, hemp derivatives or hemp-derived products from one lot may not be comingled with any sample from any other lot.

7.Any sample collected from a licensee must be representative of a homogenous composition of the lot.

8.Samples must be gathered by a sampling agent trained using USDA or state methods, not by the licensee.

9.Information on trained sampling agents will be made publicly available by the state, which will keep training information for a minimum of three (3) years.

10.Every lot must be sampled and tested, except for those subject to performance-based sampling.

11.Field sample collection procedures must conform to the protocols and final chart in 7 C.F.R. 990.

12.RIDOH and/or the Commission shall issue procedures for collecting samples from the flowering tops of plants, which shall be approximately five to eight inches in length from the "main stem" (that includes the leaves and flowers), "terminal bud" (that occurs at the end of the stem), or "central cola" (cut stem that could develop into a bud).

D.Testing

1.Upon direction from the Commission, DEM or RIDOH as applicable, testing, including but not limited to testing for THC, THCa, CBD, CBDa and/or other material characteristics such as pesticides, heavy metals, and microbial concentration on a dry weight or per volume basis, will be performed by an approved testing facility on hemp or hemp-derived products.

a.All testing performed by an approved testing facility for a licensee shall conform to the requirements set forth in Licensing Analytical Laboratories for Sampling and Testing Cannabis, including but not limited to 216-RICR-60-05-6.21. The licensee shall be responsible for the cost and expense of such testing.

2.A test result greater than 0.3% total THC on a dry weight or per volume basis shall be prima facie evidence that at least one cannabis plant or part of a plant or a derivative batch or derivative product in the licensee’s location contains total THC above the Acceptable Hemp THC Level and that the licensee is not in compliance with the Act and the regulations of this Part.

3.The licensee may request a retest of any retained portion of a sample. Any request for retesting must be made to the Commission, in writing, within ten (10) days of the date of notification of test results. The licensee must pay all analysis costs and expenses associated with any retest.

4.Any hemp plants, materials, derivatives or hemp products as to which testing results reflect total THC content above the Acceptable Hemp THC Level and the lot to which said plants, materials, derivatives or hemp products belong are prohibited from entering the hemp stream of commerce and the Commission may require that any hemp plants, materials, derivatives or hemp products as to which testing results reflect total THC content above the Acceptable Hemp THC Level be destroyed at the licensee's expense pursuant to § 1.11(N) of this Part.

a.Any lab used by the Grower must report non-compliant hemp plants, disposal of those plants from the lot(s) where representative samples were taken, and the non-compliant hemp plants’ test results to the United States Department of Agriculture.

5.Upon completion of testing, any remaining samples may be destroyed thirty (30) days after the date of notification of test results.

6.Pursuant to 7 C.F.R. § 990.70(d), the licensee is responsible for ensuring that the laboratory conducting testing in conformity with this Part reports each sample's test results with all required information, including but not limited to the total THC content concentration level on a dry weight basis and the measurement of uncertainty, to the USDA.

7.Testing methods include but are not limited to:

a.Post decarboxylation or other similarly reliable method approved by the USDA;

b.Consideration of potential conversion of delta-9 THCA into THC and the test result measure total available THC (THC + THCA);

c.Gas or liquid chromatography with detection; and/or

d.Procedures to determine total THC concentration reported on a dry weight basis, including but not limited to a determination of moisture content.

8.Labs shall not commingle sample material from different lots.

History

• Amendment — effective from 2025-12-08 to current
• EMERGENCY RULE Adoption — effective from 2025-07-21 to 12/08/2025

560-RICR-10-20-1 § 1.10 Program Registry Identification Cards

A.Before issuance of the license all officers, directors, owners, shareholders, managers, members and agents of the licensee must apply for a registry identification card and all officers, directors, owners, shareholders, managers, members and agents must submit to a national criminal background check as provided in the Act and § 1.10(C) of this Part. Such individuals may be hired, appointed, or retained prior to receiving a registry identification card, but may not begin engagement in hemp cultivation, production, distribution, retail sales or other license activities until receipt of the card.

B.Registry Identification Card Requirement, Eligibility, Annual Fee and Application

1.All officers, directors, owners, shareholders, managers, members, and agents of the grower and handler licensee must apply for registry identification cards.

2.All employees of the grower and handler licensee must apply for registry identification cards.

3.For distributors and retailers, the licensee’s compliance officer may apply for a registry identification card and may be designated by the licensee as its sole registry identification card holder.

4.Each licensee shall maintain a current list of all licensed cardholders associated with the licensee.

5.There shall be a fifty-dollar ($50.00) non-returnable, non-refundable annual fee for each Program registry identification card initial application and subsequent annual renewal.

6.Applications pursuant to § 1.10 of this Part shall be on such forms and through such submission mechanisms as directed by the Commission.

C.Criminal Background Checks

1.Pursuant to R.I. Gen. Laws § 2-26-5(c)(7), all applicants are subject to a national criminal background check. This shall include all officers, directors, owners, shareholders, managers, members, and agents of the licensee (hereinafter also referred to in this Section as "applicants").

2.Pursuant to R.I. Gen. Laws § 2-26-5(c)(7)(iv), disqualifying information is defined as a conviction for any felony offense under R.I. Gen. Laws Chapter 21-28, or murder, manslaughter, first-degree sexual assault, second-degree sexual assault, first-degree child molestation, second-degree child molestation, kidnapping, first-degree arson, second-degree arson, mayhem, robbery, burglary, breaking and entering, assault with a dangerous weapon, or any assault and battery punishable as a felony or assault with intent to commit any offense punishable as a felony.

3.Consistent with the AIA 2018 § 297(B)(e)(3)(B), disqualifying information includes the ten (10) year period following the conviction of any felony drug offense described in § 1.10(C)(2) of this Part and excludes a controlled substance felony conviction for participation in a state hemp pilot program authorized under the AIA 2014 before December 20, 2018, pursuant to 7 C.F.R. § 990.6(d).

4.Pursuant to R.I. Gen. Laws § 2-26-5(c)(7)(i), the national criminal identification records check shall include fingerprints submitted to the Federal Bureau of Investigation. Application for said records check may be made to the Rhode Island State Police ("RISP").

5.Pursuant to R.I. Gen. Laws § 2-26-5(c)(7)(i), upon the discovery of any disqualifying information, RISP shall send written notification to the applicant disqualifying the applicant and informing the applicant of the nature of the disqualifying information.

6.Pursuant to R.I. Gen. Laws § 2-26-5(c)(7)(i), upon discovery of any disqualifying information, the RISP shall notify the Commission in writing of the fact that disqualifying information has been discovered.

7.Pursuant to R.I. Gen. Laws § 2-26-5(c)(7)(ii), in those situations in which no disqualifying felony as defined in R.I. Gen. Laws §§ 2-26-5(7)(iv)-(v) has been found, the RISP shall inform the applicant and the Commission, in writing, of this fact.

8.Pursuant to R.I. Gen. Laws § 2-26-5(c)(7)(vi), the applicant shall be responsible for any expense associated with the national criminal background check with fingerprints.

9.The Commission shall evaluate an applicant’s disqualifying information pursuant to R.I. Gen. Laws § 28-5.1-14, except where superseding law requires otherwise, including but not limited to § 1.10(C)(3) of this Part.

D.Issuance of the Program Registry Identification Card

1.Once the licensee application is approved by the Commission, each approved officer, director, owners, shareholder, manager, member, or agent of the licensee is responsible for obtaining a registry identification card.

2.The registry identification card shall contain:

a.The name, address and date of birth of the person.

b.The legal name of the licensee that the individual is affiliated with.

c.The category of the person's affiliation; officer, director, owner, shareholder, manager, member, employee, or agent.

d.The date of issuance and expiration date of the registry identification card.

e.A random registry identification number.

f.A photograph.

E.Expiration and Renewal of Registry Identification Cards

1.Program registry identification cards shall expire one year after issuance. Renewal applications shall be on such forms and through such submission mechanisms as directed by the Commission.

F.Termination of Registry Identification Card

1.If a Program registry identification cardholder violates R.I. Gen. Laws §§ 2-26-5(c)(7)(iv)-(v), or any portion of the regulations of this Part which apply to such cardholder, his or her registry identification card may be suspended/revoked as determined by the Commission pursuant to R.I. Gen. Laws § 2-26-5(e).

2.When a Program registry identification cardholder ceases work or other association with a licensee for any reason the cardholder’s registry identification card shall be null and void and the licensee and/or the cardholder shall notify the Commission and shall return the registry identification card to the Commission within ten (10) business days of the separation. No hearing shall be necessary to render the card null and void.

History

• Amendment — effective from 2025-12-08 to current
• EMERGENCY RULE Adoption — effective from 2025-07-21 to 12/08/2025

560-RICR-10-20-1 § 1.11 Operational Requirements

A.Traceability

1.Licensees shall track hemp from seed to sale in accordance with their approved application and § 1.6(E)(4) of this Part.

2.Plant material from one lot is prohibited from being commingled with plant material from any other lot.

B.Limitation on Sales and Transfers

1.Licensed growers, handlers and distributors shall only, transfer and transport hemp including hemp derivatives, hemp-derived consumable CBD products and seeds to another licensee or such other persons who are in compliance with applicable laws regarding the possession, processing and sale of industrial hemp. A licensee may only receive hemp including hemp derivatives, hemp-derived consumable CBD products and seeds from another licensee or certified source whether intrastate or interstate, provided the licensee’s or certified source’s products comply with the Act, the regulations of this Part, and all other applicable laws.

2.Any transfer to or from an approved testing facility shall be in accordance with transfer procedures adopted by the licensee and the approved testing facility and which comply with any applicable rules and regulations contained in Licensing Analytical Laboratories for Sampling and Testing Cannabis, 216-RICR-60-05-6.

3.Nothing in this Part shall be construed to prohibit wholesale or retail sale of hemp, hemp seeds, hemp derivatives and/or products provided the hemp, hemp seeds, hemp derivatives and/or products comply with the Act, the regulations of this Part, and all other applicable laws.

4.Licensees may only send, sell, buy and/or receive industrial hemp, hemp seeds, hemp derivatives and hemp-derived consumable CBD products from another licensee or a certified source whether interstate or intrastate provided the sender and/or recipient’s products comply with the Act, the regulations of this Part and other applicable laws.

5.§ 1.11(B)(4) of this Part shall not be construed as a prohibition on the transportation or shipment of hemp, hemp derivatives, or hemp products through the State of Rhode Island, nor shall it be construed to prevent the sale of hemp products or hemp-derived consumable CBD products from a retail licensee to a consumer.

C.Inventory Tagging

1.Pursuant to R.I. Gen. Laws § 2-26-5(c)(3), every hemp crop or production batch possessed by a licensee must be tracked from seed to sale. A unique identifier must accompany industrial hemp through any production the licensee is undertaking, from harvest through packaging, distribution and sale to a consumer.

2.Upon direction by the Commission, labels and any other tracking method required shall be placed in a manner to clearly display their association with a particular parcel of land, plant material, or product. This may include but is not limited to affixing the label/other tracking display to a post or sign on the parcel of land where hemp is grown, affixed to a drying rack, affixed to a container, or package containing product.

3.Each acre or parcel of land, as defined by the Commission, containing hemp must be labeled with the following information:

a.Commission license number;

b.Unique identifier;

c.Licensed premises location; and

d.Any other information or technical functions the Commission deems appropriate (such as radio frequency identification).

4.Any container intended for the storage and/or transport of hemp and/or hemp derivatives must:

a.Protect the product from contamination;

bNot impart any toxic or deleterious substance to the hemp or hemp product;

c.Be labeled with the following information:

(1)Commission license number;

(2)Unique identifier that tracks hemp through each stage of growth, production, distribution and sale;

(3)Quantity;

(4)Licensed premises location; and

(5)Any other information or technical functions the Commission deems appropriate (such as radio frequency identification).

5.Seed to sale tracking, payment of the biennial license fee, and compliance with the requirements of § 1.11(C) of this Part shall be deemed to satisfy the requirements of R.I. Gen. Laws § 2-26-5(c)(3).

D.Inventory Control

1.A licensee shall follow inventory control measures, which may include but are not necessarily limited to the licensee being directed to:

a.Conduct an initial comprehensive inventory of all hemp, including hemp plants, hemp seedings, hemp-derived products and hemp-derived consumable CBD products.

b.Conduct subsequent comprehensive inventories at intervals not to exceed twelve (12) months from the date of the previous comprehensive inventory.

c.Conduct a monthly inventory review of hemp plants, stored hemp, hemp-derived products and hemp-derived consumable CBD products.

2.Licensees shall conduct and provide the results of the inventory control measures specified in § 1.11(D)(1) of this Part if required by the Commission regardless of the availability and use of the Program Tracking System.

E.Security

1.General Security Requirements

a.Use or carry of firearms on the premises and/or perimeter of the licensee is a prohibited form of security, except by security guards licensed by the Office of the Rhode Island Attorney General pursuant to R.I. Gen. Laws Chapter 5-5.1 and who are under written contract to provide security services to the licensee and by law enforcement personnel during duty.

2.Emergency Plan

a.The licensee shall develop and maintain an emergency plan with procedures to be followed to prevent and, if not prevented, to adequately address and mitigate consequences of theft or burglary or attempts thereof, fire, natural disasters, and other emergencies, including cybersecurity and data breach procedures to prevent a compromise of the integrity of the Program Tracking System. The plan shall include training for employees on crime prevention and personal safety techniques.

3.Record-Keeping

a.The licensee shall maintain the following documentation on-site and with digital back-up for a period of at least thirty-six (36) months as applicable:

(1)Inventory records including, at a minimum, the date the inventory was conducted, a summary of the inventory findings and the name, signature and title of the individual who conducted the inventory.

(2)Testing results, all certificates of analysis and sampling records;

(3)Any pesticide use as required by § 1.11(L)(4) of this Part.

(4)Emergency notification reports as required by § 1.11(E)(4) of this Part.

(5)A description of the land on which licensee’s hemp is grown including the requirements of § 1.6(D) of this Part.

(6)All sales.

(7)All documentation for the intrastate transfer and receipt of hemp, hemp-derivatives and hemp-derived consumable CBD products demonstrating the products’ compliance with the sending or receiving state’s licensing of industrial hemp and/or hemp-derived products, including but not limited to any document regarding certification as defined in § 1.5(E) of this Part.

(8)Any documentation of or relating to the destruction of hemp plants or hemp material.

4.Emergency Notifications and Reports

a.Licensees shall provide notification of emergency events to the Commission and municipal and/or state law enforcement as outlined below.

b.Immediately upon discovery of the event, the licensee shall provide telephone notification to the appropriate municipal and/or state law enforcement authorities regarding any of the following "emergency events":

(1)Theft or burglary or an attempt thereof.

(2)Any fire.

(3)A natural disaster that results in the destruction of or damage to hemp or hemp products.

(4)Any other event which requires response by law enforcement or public safety personnel.

c.The licensee shall provide e-mail notification to the Commission immediately upon discovery of any data breach or cybersecurity threat to the Program Tracking System, and within twenty-four (24) hours of discovery of any other emergency event as defined above. A follow-up telephone notification to the Commission shall be provided not later than the next business day.

d.The licensee shall submit a follow-up written report to the Commission within five (5) business days for each emergency event. The written report shall include, at a minimum, a description of the event(s), identification of known or suspected cause(s) for the event(s), any corrective action(s) taken to prevent a recurrence, and the name, title, and signature of the individual preparing the report.

e.Any notification and report of an emergency event required to be made to the Commission pursuant to the regulations of this Part shall be made using the mailing address, telephone number, and/or e-mail address provided by the Commission to approved licensees.

f.Upon written direction to the licensee, the Commission may require that the written and telephone notifications and reporting must be replaced or supplemented by notifications and reporting through the Program Tracking System or any other electronic system or means the Commission mandates the licensee to utilize.

F.Food Safety

1.Any hemp-derived product or hemp-derived consumable CBD product that may be used for consumption purposes must be produced and distributed consistent with any applicable state or local food processing and safety regulations, and the applicant shall be responsible to ensure its compliance with such regulations and any applicable licensing requirements.

G.Allowable Product Types

1.Licensees shall be permitted to produce, manufacture distribute and/or dispense at retail to a consumer:

a.Raw hemp flower which may include raw hemp in pre-roll form;

b.Infused Pre-Packaged Products intended to be consumed orally;

c.Infused Unpackaged Products intended to be consumed orally; and

d.Concentrates intended for inhalation.

e.Any other product type designated as allowable for sale by the Commission.

H.Product Prohibitions

1.No hemp-derived consumable CBD product intended for retail sale shall:

a.Be in the shape of a human, animal, fruit, cartoon character, or any other shape that is especially attractive to children as determined by the Commission;

b.Be in the shape of a cannabis plant or leaf;

c.Be combined with alcohol, tobacco, nicotine, and/or any synthetic cannabinoids;

d.Cause a reasonable consumer confusion as to whether the product is a trademarked product;

e.Violate any state or federal trademark law or regulation; and/or

f.Contain more than the Acceptable Hemp THC level, as applicable based on product type.

I.Packaging and Labeling Requirements for allowable Hemp-Derived Consumable CBD Products available for sale to a consumer at retail.

1.Packaging Requirements.

a.Any container or packaging containing hemp-derived consumable CBD products must:

(1)Be opaque and light resistant;

(2)Fully enclose the product;

(3)Protect the product from contamination;

(4)Be Child-Resistant as defined in § 1.5(F) of this Part; and

(5)Not impart any toxic or deleterious substance to the hemp product.

2.Labeling Requirements

a.Any container or packaging containing hemp-derived consumable CBD products must be labeled with the following information:

(1)The business(es) or tradename(s) and license number(s) of the licensee(s) who produced the product;

(2)The business or tradename and license number of the licensee selling the product;

(3)Unique identifier;

(4)Total weight in ounces and grams or volume as appropriate. Weight and volume must be determined using accurately calibrated equipment which equipment must also comply with any other applicable state laws;

(5)Total contents of total THC, CBD and any other advertised naturally occurring cannabinoid, if applicable, must be stated per serving unit and per package in milligrams (mgs) as determined by an approved testing facility and in font larger than size 6, bolded, underlined and in red, so as to stand out from surrounding text to the consumer;

(6)The serving size;

(7)The number of servings per package;

(8)If solvents were used in production, statement that discloses the type of extraction method, including any solvents, gases, or other chemicals or compounds used to produce or that are added to the extract;

(9)Any applicable instructions for use and safe storage; and

(10)If dispensing unpackaged hemp-derived consumable products, the information required by § 1.11(I)(2) of this Part must be prominently displayed and made directly available to the consumer prior to purchase.

b.Labeling text must be:

(1)No smaller than size 6 font, unless otherwise specified.

(2)In Times New Roman, Calibri, Arial, Helvetica or any other font determined by the Commission to be easily readable.

(3)Clearly written or printed in the English language. In addition to the required English label, licensees may include an additional, accurate foreign language translation on the label that otherwise complies with these rules.

3.Packaging and Labeling Prohibitions.

a.Packaging and labeling of hemp-derived consumable CBD products shall not:

(1)Make any medical claims;

(2)Reasonably appear to target individuals under the age of twenty-one (21), including but not limited to the use of animal characters, toys, cartoon characters or similar images;

(3)Make any false or misleading statements including false or misleading statements regarding health or physical benefits or as to the composition and profiles;

(4)Contain any seal, flag, crest, coat of arms, or other insignia that could reasonably mislead any reasonably prudent person to believe that the product has been endorsed, produced or manufactured by the State of Rhode Island or any agency thereof or municipality within;

(5)Include images of children or minors;

(6)Include words, a design or brand that resembles a product that is commonly associated with children or minors or marketed to children or minors;

(7)Include symbols or celebrities that are commonly used to market products to minors;

(8)Include the word or make any reference to “candy” or “candies.”

4.Warnings

a.All hemp-derived consumable CBD products intended for retail sale must include a label affixed to the package or an insert provided with the packaging containing the following warnings, prominently displayed and in a clear and legible English language font.

(1)"Warning: This product is not certified to be free of contaminants, is derived from industrial hemp, and has not been analyzed or approved by the FDA."

(2)If applicable, a warning regarding use or contact with any nuts or other known allergens as defined in the federal Food Allergen Labeling and Consumer Protection Act of 2004, as administered by the FDA.

(3)If dispensing unpackaged hemp-derived consumable products, the information required by § 1.11(I)(4) of this Part must be prominently displayed and made directly available to the consumer prior to purchase.

J.Advertising and Marketing.

1.No advertising and marketing of hemp, hemp derivatives or hemp-derived consumable CBD products shall without prior written approval of the U.S. Food and Drug Administration (“FDA”), be marketed for, or make claims regarding the use or benefit in diagnosis, cure, mitigation, treatment, or prevention of diseases, or any other therapeutic, dietary or medical benefits or claims.

2.No advertising and marketing of hemp, hemp derivatives or hemp-derived consumable CBD products shall contain any content that can reasonably be considered to target individuals under the age of twenty-one (21) years, including but not limited to images of persons under twenty-one (21) years of age, cartoons, toys or similar images and items typically marketed towards persons under twenty-one (21) years of age or references to products that are commonly associated with persons under twenty-one (21) years of age or marketed to persons under twenty-one (21) years of age.

3.No licensee shall advertise in any way which may lead a consumer to believe that the licensee is using marijuana or engaged in an activity which is illegal under state law.

K.Retail Sales

1.A retail licensee shall only allow persons twenty-one (21) years of age or older to purchase hemp-derived consumable CBD products, in accordance with R.I. Gen. Laws § 2-26-3(9).

2.Pursuant to the Commission's authority under R.I. Gen. Laws § 2-26-6(b), a retail licensee must verify that every purchaser of a hemp-derived consumable CBD product is compliant with § 1.11(K)(1) of this Part by a review of the intended purchaser’s government-issued identification.

3.A retail licensee shall place and/or store all hemp-derived consumable CBD products in a location separate from all other products sold by that retail licensee and that location must be prominently identified as containing hemp-derived consumable CBD products. The Commission may, in its discretion approve alternative placement.

L.Pesticide Use and Record-Keeping

1.The cultivation process shall use best practices to limit contamination of industrial hemp and hemp products, including but not limited to mold, mildew, fungus, bacterial diseases, rot, pests, pesticides, and any other contaminant identified as posing potential harm.

2.The use of pesticides on industrial hemp plants in Rhode Island by licensed growers will not be considered a violation of the regulations of this Part, provided that the product is registered and properly labeled under Section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and satisfies §§ 1.11(L)(2)(b)(1) and 1.11(L)(2)(f) and (g) of this Part below; or the product must satisfy all of the following criteria:

a.The product must be a "minimum risk pesticide" under 40 C.F.R. § 152.25(f), incorporated above at § 1.4(A) of this Part.

b.The product must be labelled for use on either:

(1)"Cannabis," "hemp,"; or

(2)"All plants," "other plants," bedding plants, unspecified plants, or unspecified crops.

c.The label must not prohibit indoor or greenhouse use, as applicable.

d.All active ingredients must be eligible for food use as determined by the federal Environmental Protection Agency ("EPA") Active Ingredients Eligible for Minimum Risk Pesticide Products, incorporated above at § 1.4(B) of this Part. https://www.epa.gov/sites/production/files/2018-01/documents/minrisk-active-ingredients-tolerances-jan-2018.pdf.

e.All inert/other ingredients must be eligible for food use. See EPA's Inert Ingredients Eligible for FIFRA 25(b) Pesticide Products, incorporated above at § 1.4(C) of this Part. https://www.epa.gov/sites/production/files/2016-11/documents/minrisk_inert_ingredients_w_tolerances_2016-11-16.pdf.

f.The product must be a currently registered pesticide product eligible for sale in Rhode Island as determined by DEM. To verify a product's registration in Rhode Island, please consult the online National Pesticide Information Retrieval System through the Center for Environmental and Regulatory Information Systems. See http://npirspublic.ceris.purdue.edu/state/state_menu.aspx?state=RI.

g.The product must be used in accordance with any and all use instructions on the label.

3.Pesticides shall be identified, held, stored and disposed of in a manner that protects against contamination of industrial hemp and industrial hemp products and in a manner that is in accordance with any applicable local, state, or federal law, rule, regulation, or ordinance.

4.As a the Commission record-keeping requirement, licensees must keep detailed records of any pesticide products used and application regimens. This record-keeping requirement is independent of that required of commercial pesticide applicators by the DEM, and is intended to apply in addition to that requirement, where relevant.

M.Recalls

1.Licensed growers, handlers, distributors and retailers shall have policies and procedures for handling voluntary and mandatory recalls of all hemp, hemp derivatives and hemp-derived CBD products. Such procedures shall be adequate to deal with recalls due to any action initiated at the request or order of the Commission, and any voluntary action by a grower, handler, distributor or retailer to remove defective or potentially defective hemp, hemp derivatives or hemp-derived consumable CBD products from the market, as well as any action undertaken to promote public health and safety.

2.The Commission or RIDOH may require a licensee to recall any hemp, hemp derivatives or hemp products the licensee has sold or transferred upon a finding that circumstances exist that pose a risk to public health, safety and welfare.

a.The recall must be initiated by the licensee immediately as determined by their recall plan; and

b.The licensee must comply with any additional instructions made by the Commission.

N.Destruction

1.Prior to disposal, the hemp must be made unusable and indistinguishable from other plant material. This may be accomplished by grinding and incorporating the offending material with other non-consumable solid waste or other ground materials, so the resulting mixture is at least fifty percent non-hemp waste by volume.

a.Other methods to render the hemp unusable must be approved by the Commission before implementation.

b.Hemp that is rendered unusable following an approved method may be delivered to a licensed solid waste disposal facility in Rhode Island for final disposition or disposed of in an alternative manner approved by the Commission.

c.All destructions must be documented by the Licensee.

2.Grower licensees must submit to the Commission documentation of any destruction conducted, which may include photos or videos of, and/or Commission employee attendance at, the destruction.

History

• Amendment — effective from 2025-12-08 to current
• EMERGENCY RULE Adoption — effective from 2025-07-21 to 12/08/2025

560-RICR-10-20-1 § 1.12 Methods of Extraction

A.Pursuant to R.I. Gen. Laws § 2-26-8(b), no butane method of extraction shall be permitted.

B.Pursuant to RI. Gen. Laws § 2-26-8(a), only the following methods of extraction are permissible:

1.Mechanical extraction;

2.Chemical extraction using a nonvolatile solvent such as a nonhydrocarbon-based food grade solvent, or other nonvolatile solvent such as water, vegetable glycerin, vegetable oils, animal fats, or food-grade glycerin;

3.Chemical extraction using a professional closed loop CO2 gas extraction system;

4.Chemical extraction using a volatile solvent, provided the solvent and extraction method are authorized and approved by the Commission; and

5.Any other method authorized and approved by the Commission.

C.If any method uses a flammable/combustible material or heat source, the method must also be approved by DEM, the State Fire Marshal and/or local fire department.

D.Licensees shall not convert, transform, concentrate or distill cannabinoids in or into any form that would violate the Act or these Regulations.

History

• Amendment — effective from 2025-12-08 to current
• EMERGENCY RULE Adoption — effective from 2025-07-21 to 12/08/2025

560-RICR-10-20-1 § 1.13 Reporting Requirements

A.The Grower shall submit an end-of-year report, on a form prescribed by the Commission, on or before the first day of December of each calendar year including but not limited to the following information:

1.Copies of certificates of analyses showing the industrial hemp flower required testing results from a certified laboratory.

2.Method(s) used to grow hemp;

3.Variety of hemp grown;

4.Purpose of crop;

5.Harvested amount and description of quality;

6.Destruction events and quantities;

7.End destination or use of crop;

8.Volunteer Plants, if any occurred, and how they were managed; and

9.A grower’s hemp crop acreage, his/her state issued license number and any other required information to the Farm Service Agency on a yearly basis, if applicable.

B.The Commission shall transmit the following information to the United States Department of Agriculture, Agriculture Marketing Service, pursuant to 7 C.F.R. §§ 990.3(a)(9) and 990.7:

1.License number;

2.Hemp crop acreage;

3.Total acreage of hemp planted, including greenhouse or indoor square footage, harvested, disposed, and remediated;

4.Street address;

5.Geospatial location(s) of each lot or greenhouse where hemp will be produced; and

6.Acreage of greenhouse or indoor square footage dedicated to the production of hemp; and

7.A legal description for land where hemp is produced.

C.The Grower shall also transmit the information contained in §§ 1.13(B)(1) and (B)(4)-(6) of this Part to the local office of the Farm Service Agency.

D.The Handler shall submit an end-of-year report, on a form prescribed by the Commission, on or before the last day of the calendar year including but not limited to the following information:

1.Variety and source of hemp used for production:

a.Copies of certificates of analyses showing the industrial hemp obtained does not exceed the maximum concentration of THC as set forth in the Act, as applicable;

2.Method(s) used to process hemp and produce hemp products;

3.Amount of hemp used in production;

4.Destruction quantities;

5.A description of the end product resulting from the method(s) described in § 1.12(B) of this Part;

6.A description of the quantity and quality of the hemp product that the handler produced; and

7.End destination or use of hemp produced.

E.The Distributor and Retailer shall submit an end-of-year report, on a form prescribed by the Commission, including but not limited to the following information:

1.Annual sales, including but not limited to details of product sold, quantity of each product sold and price per unit sold;

2.Transportation manifests for product identified in § 1.13(D)(1) of this Part, including but not limited to product received and delivered; and

3.Copies of certificates of analyses showing the industrial hemp and/or hemp products obtained does not exceed the maximum concentration of THC as set forth in the Act, as applicable.

4.A list of venues, festivals, and/or other physical locations other than the licensed location where certified hemp-derived products were sold during the previous license year.

F.The Commission shall provide to the USDA through its HeMP online system:

1.A monthly report containing the contact information and the status of each grower licensee by the first of each month or the next business day if the first falls on a weekend or a holiday;

2.An annual report to the USDA by December 15th of each year; and

3.Notice regarding a grower’s non-compliant test results pursuant to § 1.9(D) of this Part, including the test results and destruction of any related hemp plants.

History

• Amendment — effective from 2025-12-08 to current
• EMERGENCY RULE Adoption — effective from 2025-07-21 to 12/08/2025

560-RICR-10-20-1 § 1.14 Institutions of Higher Education

A.Pursuant to R.I. Gen. Laws § 2-26-9(a), the Commission will certify an institution of higher education to grow or handle, or assist in growing or handling, industrial hemp for the purposes of agricultural or academic research upon submission of the following:

1.The location where the institution of higher education intends to grow or cultivate, or provide assistance with growth and handling of the industrial hemp;

2.The institution of higher education's research plan;

3.The name and contact information of the employee of the institution of higher education who will supervise the hemp growth, cultivation, research and any record-keeping related to those activities;

4.The name and contact information of the employee of the institution of higher education responsible for communicating research results and reports to the Commission; and

5.Such other information as the Commission shall request to ensure compliance with the Act and these Regulations.

History

• Amendment — effective from 2025-12-08 to current
• EMERGENCY RULE Adoption — effective from 2025-07-21 to 12/08/2025

560-RICR-10-20-1 § 1.15 Violations and Enforcement; Penalties

History

• Amendment — effective from 2025-12-08 to current
• EMERGENCY RULE Adoption — effective from 2025-07-21 to 12/08/2025

560-RICR-10-20-1 § 1.16 Severability

A.If any provision of the regulations of this Part, or the application thereof to any person or circumstance, is held to be invalid, such invalidity shall not affect other provisions or application of the regulations of this Part which can be given effect without the invalid provision or application, and to this end the provisions are declared to be severable.

History

• Amendment — effective from 2025-12-08 to current
• EMERGENCY RULE Adoption — effective from 2025-07-21 to 12/08/2025