Chapter 9C - MEDICAL MARIJUANA GROWING FACILITIES

Sec. 9C-1. - Zoning districts.#

Notwithstanding any other provision of the zoning appendix, medical marijuana cultivation and cooperative cultivation of marijuana are permitted uses within all zoning districts of the town.

(Code 1970, § 9C-1; Ord. No. 2015-5, 8-11-2015)

Sec. 9C-2. - Definitions.#

The definitions of all terms used herein shall be as stated in G.L. § 21-28.6-3.

(Code 1970, § 9C-2; Ord. No. 2015-5, 8-11-2015; Ord. No. 2023-2, 2-7-2023)

Sec. 9C-3. - Building requirements.#

All medical marijuana building facilities in all zoning districts in the town shall be subject to the following requirements: (1)

All licensed caregivers and cooperative cultivators shall apply for all appropriate building, electrical, mechanical and plumbing permits as required by the building official. The building official shall grant the application for permits pursuant to G.L. 1956, § 23-27.3-100.1 et seq. All permits applied for in furtherance of the Act and any and all documents related thereto shall be sealed by the building official and not subject to review by any party other than the caregiver or cooperative cultivator who has filed said application.

(2)

All licensed caregivers and cooperative cultivators shall apply for appropriate approvals and inspections by the local fire marshal. The fire marshal shall grant the application for permits pursuant to G.L. 1956, § 23-28.1-1 et seq. All permits applied for in furtherance of the Act and any and all documents related thereto shall be sealed by the local fire marshal and not subject to review by any party other than the caregiver or cooperative cultivator who has filed said application.

(3)

In addition to the requirements above, the building official shall require the following:

a.

That the area used for growing be secured by locked doors and an alarm system.

b.

That the area used for growing have two means of ingress and egress.

c.

That the area used for growing not be below grade and not in a basement.

d.

That the area used for growing shall not be within ten feet of a fuel or heating source, including, but not limited to, propane, natural gas or an oil tank.

e.

That no single nonresidential location may have more than one medical marijuana facility. For the purposes of this section, the term "location" means one structural nonresidential building, not units within a structural building.

f.

That the licensed cardholder shall not exceed the allowed limits of cultivation as prescribed in G.L. 1956, ch. 21-28.6.

(4)

Cooperative cultivations. Two or more licensed cardholders may cooperatively cultivate marijuana in residential or non-residential locations subject to the following restrictions:

a.

All cooperative cultivations must possess a department of business regulation license to operate;

b.

A registered patient or primary caregiver cardholder can only cultivate in one location, including participation in a cooperative cultivation;

c.

No single location may have more than one cooperative cultivation. For the purposes of this section, location means one structural building, not units within a structural building;

d.

The cooperative cultivation shall not be visible from the street or other public areas;

e.

A written acknowledgment of the limitations of the right to use and possess marijuana for medical purposes in Rhode Island that is signed by each cardholder and is displayed prominently in the premises. Cooperative cultivation;

f.

Cooperative cultivations are restricted to the following possession limits:

1.

A non-residential, cooperative cultivation may have no more than ten ounces of dried marijuana, or its equivalent which satisfies the requirements of this chapter, and an amount of wet marijuana set in regulations promulgated by the department of business regulation, 48 mature marijuana plants, and 48 seedlings;

2.

A residential, cooperative cultivation may have no more than ten ounces of dried marijuana, or its equivalent which satisfies the requirements of this chapter, and an amount of wet marijuana set in regulations promulgated by the department of business regulation, 24 mature marijuana plants, and 24 seedlings;

3.

A non-residential or residential, cooperative cultivation must have displayed prominently on the premises its license issued by the department of business regulation;

4.

Every marijuana plant possessed by a cooperative cultivation must be accompanied by a valid medical marijuana tag issued by the Department of business regulations pursuant to RIGL §21-28.6-15. Each cooperative cultivation must purchase at least one medical marijuana tag in order to remain a licensed cooperative cultivation; and

5.

Cooperative cultivations are subject to reasonable inspection by the department of business regulation for the purpose of enforcing regulations promulgated pursuant to RIGL Chapter 21-28.6 and all other-applicable Rhode Island general laws.

g.

Cooperative cultivations must report the location of the cooperative cultivation to the department of public safety.

h.

The reports provided to the department of public safety in subsection g. of this section shall be confidential, but locations may be confirmed for law enforcement purposes. The report of the location of the cooperative cultivation alone shall not constitute probable cause for a search of the cooperative cultivation.

(5)

Not more than one registered cardholder shall be permitted to grow marijuana in a dwelling unit or commercial unit, except for two (2) or more qualifying patient or primary caregiver cardholder(s) who are primary residents of the same dwelling unit where the medical marijuana plants are grown, and in all instances, subject to the plant limits provided in Section f. above.

(Code 1970, § 9C-3; Ord. No. 2015-5, 8-11-2015; Ord. No. 2017-5, 2-28-2017; Ord. No. 2023-2, 2-7-2023)

Sec. 9C-4. - Confidentiality.#

Any application for a permit or any other use pursuant to this chapter, any inspection reports, approvals, certificates of occupancy or any other document prepared or created pursuant to this chapter shall not include the term "marijuana," "cardholder," "caregiver," "cooperative cultivation" or any other term that may indicate that such document is or has been prepared or created pursuant to this chapter and shall be sealed and not subject to review by any party other than the caregiver or cooperative cultivator who has filed said application.

(Code 1970, § 9C-4; Ord. No. 2015-5, 8-11-2015; Ord. No. 2015-17, 3-15-2016; Ord. No. 2017-5, 2-28-2017)

Sec. 9C-5. - Violations.#

The building official, fire marshal and/or other designated official shall be required to report a violation of any of the provisions of this section to the state department of health and the department of business regulation and any such violation may result in a revocation of the cardholder's registry identification card in accordance with G.L. 1956, § 21-28.6.

(Code 1970, § 9C-5; Ord. No. 2015-5, 8-11-2015; Ord. No. 2021-1, 2-2-2021)

Sec. 9C-6. - Probable cause and searches.#

Once permitted, the growing of medical marijuana shall not constitute probable cause or reasonable suspicion, nor shall it be used systematically to support the search of the property of the person possessing or otherwise subject the property of the person to inspection by any governmental agency.

(Code 1970, § 9C-6; Ord. No. 2015-5, 8-11-2015)