216 R.I. Code R. 216-RICR-20-10-3.6

Current through December 26, 2024

Section 216-RICR-20-10-3.6 - Issuance and Renewal of Department of Health Registry Identification Cards

A. The Department of Health shall verify the information contained in an application or renewal as a qualified patient, a primary caregiver or an authorized purchaser submitted pursuant to the Act, and shall approve or deny an application or renewal within thirty-five (35) days of receiving it.

B. The Department of Health shall issue registry identification cards within five (5) days of approving an application or renewal that shall expire one (1) year after the date of issuance.

1. If the Department of Health fails to issue a valid registry identification card in response to a valid application submitted pursuant to the Act or these Regulations within thirty-five (35) days of its submission, the registry identification card shall be deemed granted and a copy of the registry identification application shall be deemed a valid registry identification card. Patients who are currently receiving chemotherapy or have been admitted to hospice will be expedited and their applications will be approved within seventy-two (72) hours.

2. The Department of Health shall issue a registry identification card to one primary caregiver and one authorized purchaser, if any, who is named in a qualifying patient's approved application.

C. The Department of Health may deny an application or renewal only if the applicant did not provide the information required pursuant to the Act, or if the Department of Health determines that the information provided was falsified.

D. Rejection of an application or renewal is considered a final Department of Health action, subject to judicial review. Jurisdiction and venue for judicial review are vested in the Superior Court.

E. A registry identification card shall not be transferable.

F. Registry identification cards shall contain:

1. The date of issuance and expiration date of the registry identification card;

2. The name of the qualifying patient, primary caregiver or authorized purchaser;

3. A random registry identification number;

4. A photograph; and

5. Any additional information as required by these Regulations or the Department of Health.

3.6.1Requirements Related to Department of Health Registry Identification Cards

A. Persons issued registry identification cards shall be subject to the following:

1. A patient cardholder must notify the Department of Health of any change in the patient cardholder's name, address, primary caregiver, or authorized purchaser; or if he or she ceases to have his or her debilitating medical condition, within ten (10) days of such change.

2. If a patient cardholder has ceased to suffer from a debilitating medical condition, the card shall be deemed null and void and the person shall be liable for any other penalties that may apply to the person's non-medical use of marijuana.

3. A registered primary caregiver cardholder or authorized purchaser cardholder shall notify the Department of Health of any change in his or her name or address within ten (10) days of such change.

4. When a patient cardholder, primary caregiver cardholder or authorized purchaser cardholder notifies the Department of Health of any changes listed in § 3.4.6 of this Part, the Department of Health shall issue the patient cardholder, primary caregiver cardholder or authorized purchaser cardholder a new registry identification card within ten (10) days of receiving the updated information and a non-returnable, non-refundable fee as set forth in the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health, Part 10-05-2 of this Title for each new registration card to be issued.

5. When a patient cardholder changes his or her primary caregiver or authorized purchaser, the Department of Health shall notify the primary caregiver cardholder or authorized purchaser cardholder within ten (10) days. The primary caregiver cardholder's protections as provided in the Act as to that patient shall expire ten (10) days after notification by the Department of Health. If the primary caregiver cardholder is connected to no other patient cardholders in the program, he or she must return his or her registry identification card to the Department of Health.

6. If a patient cardholder, caregiver cardholder or authorized purchaser card holder loses his or her registry identification card, he or she shall notify the Department of Health and submit a non-returnable, non-refundable fee as set forth in the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health, Part 10-05-2 of this Title, within ten (10) days of losing the card. Within five (5) days of receiving this notification, the Department of Health shall issue a new registry identification card with new random identification number.

3.6.2Patient Cardholder and Primary Caregiver Cardholder Marijuana Grow Location

A. The premise where the patient cardholder or primary caregiver cardholder elects to grow marijuana must register with the Department of Health. The patient cardholder or primary caregiver cardholder must notify the Department of Health of any changes to this registered grow location information.

B. Registered patient cardholders and primary caregiver cardholders who elect to grow marijuana are subject to regulations promulgated by the Department of Business Regulation.

1. The Department of Business Regulation and the Department of Health have jointly determined that DBR will primarily administer all aspects of the medical marijuana plant tag program to fulfill the state obligation to monitor and verify compliance with the statutory requirements that patients and cardholders electing to grow and primary caregiver cardholders do not exceed plant limits, properly tag all permitted plants, and do not grow at more than one location.

C. Effective January 1, 2019, if a patient cardholder chooses to alter his or her registration with regard to the growing of medical marijuana for himself or herself, he or she must notify the Department of Health prior to the purchase of medical marijuana tags from the Department of Business Regulation or the growing of medical marijuana plants.

216 R.I. Code R. 216-RICR-20-10-3.6

Amended effective 8/16/2020