Ordinances, Regulations, Enforcement, Inspections and Guidance
Cannabis – Hemp – Tobacco – Alcohol – Psilocybin – Kratom
Rhode Island- 100% Municipal Coverage
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Are You Ready for Rhode Island? Fast-Track Your Prep with This Primer & Compliance Cheat Sheet
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The Rhode Island Cannabis Control Commission (RICCC) has officially adopted regulations governing the state’s adult-use cannabis industry, marking a significant step following the passage of the Rhode Island Cannabis Act (RICA) of 2022. These regulations, identified as 560-RICR-10-10-2 for operational requirements and 560-RICR-10-10-1 for applications, licensing, and renewals, formalize the transfer of regulatory authority from the Department of Business Regulation (DBR) to the newly established Commission. The rules are effective May 1, 2025.
License Caps
During the initial open application period for cannabis retail licenses, four (4) licenses will be available in each of the six geographic zones. These will be allocated among different retail license types. Furthermore, the initial offering will include six (6) social equity retail licenses and six (6) workers’ cooperative cannabis retail sales licenses. The Commission retains the authority to limit the number of available retail cannabis establishment licenses per zone in any subsequent open application period. It is important to note that there is a statutory moratorium on new cultivator licenses for two years following the final promulgation of these regulations. The Commission may limit the number of new cannabis product manufacturer licenses available during open periods. Cooperative cultivations are being phased out, and the Commission will not accept applications for or renew this license type.
Application Process
Applications for cannabis retail sales licenses will only be accepted during open application periods announced by the Commission. The initial open period will be for the twelve (12) original licenses, and subsequent periods will be announced for any additional licenses that become available. For any retail cannabis license, applicants may submit only one application per geographic zone. The Commission will evaluate applications based on the information provided. The selection process for qualified applicants in each zone will involve a public random drawing, and a duly authorized representative of all qualified applicants is required to attend in person and be prepared to commit to a single zone if selected in multiple zones. For social equity retail licenses, applicants must first be certified as approved social equity applicants by the Commission before their application will be considered. The application fee is waived for approved social equity applicants applying for the initial six (6) licenses. Provisionally approved applicants for retail licenses are required to make reasonable efforts to complete all prerequisites for final licensure within twelve (12) months of notification.
Zoning Requirements
The adopted regulations establish that the physical location of cannabis retail businesses licensed under the Cannabis Act cannot be within five hundred feet (500’) of the property line of a pre-existing public or private school. A “private school” is defined as any nonpublic institution of learning for students in kindergarten through grade twelve. Applicants for retail licenses are required to provide evidence of full compliance with local zoning laws, including the submission of required final zoning approvals and certification from an authorized officer attesting to compliance with other applicable local ordinances. 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.
Fees
The annual license fee for a retail store is mentioned as $30,000. Social equity retail licenses may have waived or reduced annual license fees in a tiered way.
Public Comment
The Commission received numerous public comments on the proposed regulations, both in written form and during public hearings. These comments covered a wide range of topics, including requests for technical corrections, revisions to definitions, concerns about delivery restrictions, suggestions for labeling requirements, advertising, security measures, home delivery, manufacturing regulations, and enforcement procedures.
Several commenters addressed the application and licensing process. Concerns were raised about the requirement for municipal/zoning approval prior to license application, with some suggesting a preliminary license phase. Some advocated for a merit-based licensing process, similar to college admissions, or the issuance of provisional licenses before final zoning approval. The lottery process for license allocation was also noted. Regarding social equity applicants, comments suggested allowing applications with just a letter of intent for a site to avoid predatory landlord practices. There were also comments on license fees, with some arguing that the fees for compassion centers are disproportionately high. The definition of RSO (Rick Simpson Oil) was raised for clarification. Concerns were also voiced about the size of the universal warning label and the requirement to print the full cannabinoid profile and testing facility information on product labels, suggesting a QR code instead.
The Commission provided responses to these comments, indicating whether changes were made to the regulatory language and the reasoning behind their decisions. For example, the timeframe for notifying the Commission of enforcement actions in other jurisdictions was amended to five business days. However, many suggestions for changes were not adopted, with the Commission often citing existing law or policy decisions. The six geographic zones were noted as being set by statute. The Commission emphasized that municipal zoning is a matter of local control, not Commission discretion.
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Compliance Cheat Sheet:
Registry Identification Card Requirements (Primary Caregivers)
- Registered primary caregivers will undergo a national criminal background check before receiving their registry identification card and any medical home-grow certificate. This is in accordance with R.I. Gen Laws § 21-28.6-6(g).
- A registry identification card must contain:
- The name of the person applying as a primary caregiver.
- The date of issuance and expiration date of the registry identification card.
- A random registry identification number.
- A photograph.
- Any additional information as required by the Commission. These requirements are in accordance with R.I. Gen. Laws § 21-28.6-6(h)(3).
- Registry identification cards shall not be transferable to another cardholder.
- A primary caregiver cardholder must notify the Commission of any change in their status of appointing patient, or if their appointing patient ceases to have their debilitating medical condition, within ten (10) days of such change. They must also notify the Commission of any changes related to the appointing patient’s information contained on the registry identification card, and of a lost or stolen card within ten (10) business days. Upon receiving notice of a lost or stolen card, the Commission will issue a replacement within five (5) days, according to R.I. Gen. Laws § 21-28.6-6(i)(6).
- A registered caregiver shall notify the Commission of any disqualifying criminal convictions as defined in R.I. Gen. Laws § 21-28.6-6(g) in writing within ten (10) business days.
- 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).
- When a qualifying patient cardholder changes their primary caregiver, the Commission shall notify the primary caregiver cardholder within ten (10) days, after which the caregiver’s protections expire for that patient as per R.I. Gen. Laws § 21-28.6-6(i)(5).
- Pursuant to R.I. Gen. Laws § 21-28.6-6(l), the Commission or its designee shall verify the validity of a Commission issued caregiver registry identification card to law enforcement personnel.
- 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.
Medical Cannabis Home-Grow Certificate Program
- Registration is required for all medical home-grows for patients and caregivers. This is authorized by 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.
- Qualified patients and registered primary caregivers with a valid registry identification card must apply to the Commission for a medical cannabis home-grow certificate to grow medical cannabis.
- There is no fee for the issuance of a medical home-grow certificate to patient cardholders and/or registered caregivers by the Commission, as per R.I. Gen. Laws § 21-28.6-15(a).
- Required registration information shall include, but is not limited to:
- 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.
- Identification of the single grow location selected by the person applying.
- Current contact information for the qualified Rhode Island patient or registered Rhode Island primary caregiver overseeing the cultivation.
- Documentation confirming ownership or permission to grow at the premises.
- A registered primary caregiver connected with one (1) qualified patient cardholder may receive a certificate for no more than twelve (12) plant sets, corresponding to possession limits in R.I. Gen. Laws §§ 21-28.6-4(f) and 21-28.6-4(g).
- A registered primary caregiver cardholder connected with more than one (1) qualified Rhode Island patient cardholder may receive a certificate for no more than twenty-four (24) plant sets, corresponding to possession limits in R.I. Gen. Laws §§ 21-28.6-4(f) and 21-28.6-4(g).
- 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.
General Cannabis Establishment Licensing
- All cannabis establishment licensees shall comply with the requirements in the Cannabis Act, the Medical Marijuana Act and Part 1 of these regulations applicable to the license type.
- All applicants, licensees and key persons have a continuing duty to notify the Commission of any and all criminal convictions in writing within ten (10) business days, according to R.I. Gen. Laws § 21-28.11-12.1(b).
- 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 will apply the Fair Chance analysis to all disqualifying crimes set forth in the Medical Marijuana Act, as required by R.I. Gen. Laws § 28-5.1-14(e).
- All cannabis establishment licensees shall comply with the requirements in R.I. Gen. Laws § 21-28.11-19 regarding multiple licenses restricted. Compassion center licensees must also comply with ownership and divestiture rules in the Medical Marijuana Act, R.I. Gen. Laws § 21-28.6-12(d)(5)(v) and § 1.8 of this Part.
- 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.
- Provisionally approved applicants may need to provide evidence that they have acquired a cannabis seed-to-sale tracking system. 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 this system.
- 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.
- Applicants must provide evidence of full compliance of the facility with local zoning laws in the form of a certificate or letter from an authorized zoning official of the municipality. For cultivators, unless already provided, evidence that the location is not within five hundred feet (500’) of a pre-existing public or private school is required by R.I. Gen. Laws § 21-28.11-17.1(b)(3).
- Applicants must provide a current certificate of occupancy (or equivalent document) to demonstrate compliance with relevant provisions of R.I. Gen. Laws Chapters 23-28.1 and 23-27.3 [Fire Safety Code and State Building Code].
- Applicants must file 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.
- 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.
- 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 they have a hybrid authorization and converted to for-profit under R.I. Gen. Laws § 21-28.11-10(d) and § 1.9(F).
Cannabis Product Labeling and Packaging
- These regulations adopt and incorporate 21 C.F.R. Part 101 (2019) (Food Labeling) and 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, to the extent they are consistent with these regulations. These adoptions are made pursuant to R.I. Gen. Laws §§ 21-28.11-5(b)(19), 21-28.6-12(f) and 21-28.6-16(g).
- Cannabis establishment licensees shall have one hundred and eighty (180) calendar days from the effective date of these regulations to comply with these labeling requirements.
Testing and Quality Assurance
- 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 Act, and these regulations, as per R.I. Gen. Laws §§ 21-28.11-5(b)(12), 21-28.6-12(g)(3), and 21-28.6-16(d).
- Licensed cannabis establishments must develop, implement, and maintain an operations manual with standard operating procedures which address, at a minimum, procedures for handling voluntary and mandatory recalls. Up to date policies and procedures for handling recalls must also be provided.
Advertising
- Cannabis establishment websites must have a mechanism to verify visitor age (21+) or qualified patient status before allowing access.
Security
- Minimum security requirements are authorized by R.I. Gen. Laws § 21-28.11-5. Licensees must comply with all applicable laws.
Patient Outreach (Compassion Centers and Hybrid Cannabis Retailers)
- Outreach to registered qualifying patients, caregivers, and authorized purchasers must include providing a frequently asked questions sheet explaining the limitations on the right to use medical cannabis under state law to each new registered qualifying patient, as required by R.I. Gen. Laws § 21-28.6-12(f)(9).
Social Equity Program
- The Social Equity Assistance Program and Fund will provide grants to approved social equity applicants for ordinary and necessary expenses to establish and operate a licensed cannabis business, in accordance with R.I. Gen. Laws § 21-28.11-31(b).
- The Social Equity Assistance Program and Fund will be used to provide technical assistance to social equity applicants.
- The Social Equity Assistance Program and Fund will support community reinvestment in areas disproportionately impacted by cannabis prohibition.
- The Commission will comply with statutory reporting requirements and implement performance management metrics for the Social Equity Assistance Program and Fund, as per R.I. Gen. Laws § 21-28.11-31(e) and (h).
Enforcement
- Licensees may be subject to enforcement proceedings, including license revocation, for violating the Cannabis Act, Medical Marijuana Act, or these regulations.
- The Commission can take action against cannabis establishments for violations in any other market where they operate, or if any cannabis-related license, permit, or registration is denied. This is proposed in Section 1.5(C)(2)(e) of 560-RICR-10-05-1.
This cheat sheet is a summary and you should always consult the full text of the regulations and Rhode Island General Laws for complete and current compliance requirements.
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