R.I. RELEASES PROPOSED RULES FOR MEDICAL MARIJUANA DISPENSARIES

State health regulators have issued proposed regulations for the
operation of compassion centers to dispense medical marijuana, but it
could still take up to a year before the first center opens its doors
in Rhode Island.

Acting under legislation passed by the General Assembly last spring,
the state Department of Health last week issued 22 pages of proposed
rules for licensing and operating up to three compassion centers in
Rhode Island. The rules, covering everything from the amount of
marijuana dispensed to the background of those dispensing it to the
security systems in place to guard it, will be the subject of a
formal public hearing on Feb. 2.

After that, if state Health Director David R. Gifford determines that
no revisions are necessary, it would take about a month and a half
for the rules to become formally enacted. Then, the licensing process
would allow for a 60-day application period for would-be
compassion-center operators -- which could be prolonged by further
public hearings on the applicants before Gifford makes the final decision.

"What's a reasonable Timeline? You could be talking about up to a
year, or maybe it will take less time," said Health Department
spokesman Robert Vanderslice.

Rhode Island was the third state in the nation, joining California
and New Mexico, to approve the sale of marijuana for use by qualified
patients with chronic or debilitating illnesses, such as cancer, HIV
and multiple sclerosis.

But the 2007 law, passed over Governor Carcieri's veto, left unclear
how patients and caregivers could legally obtain medical marijuana.
Then, in the spring of 2009, the General Assembly created compassion
centers, inspired by an impassioned floor speech from the bill's
original sponsor, Providence Rep. Thomas C. Slater, who subsequently
died from cancer. Once again, the law passed over Carcieri's veto,
drawing concern from law-enforcement officials that medical marijuana
usage would open the door to criminals.

Stephen Hogan, executive director of the Rhode Island Patient
Advocacy Coalition, says that he has heard from many groups and
individuals who would be interested in running compassion centers in
Rhode Island -- including operators of for-profit medical marijuana
dispensaries in other states. But he says there are too many
variables to predict when the first might open.

"We understand why it has taken a bit longer," he said. "The Health
Department was swamped by H1N1 [swine flu] and is understaffed. So we
understand why they haven't been able to move forward as quickly as possible."

Since the original medical marijuana law became permanent in 2007,
the state has issued licenses to about 900 medical-marijuana users,
as well as 725 caregivers who can legally grow and distribute the drug.

But a compassion center would be able to handle a larger amount of
marijuana, and take the pressure off licensed caregivers, who are
more vulnerable to criminals.

Because of the amount of money that would be required to start a
compassion center, Hogan says that he doesn't expect any licensed
caregivers to apply to open a center. Beyond the licensing process,
Hogan said, centers would have to raise the money, find a suitable
building and cultivate marijuana plants before going into operation.

The law allows for three compassion centers. Ideally, said Hogan, one
would be in the greater Providence area, with the other two in
northern and southern Rhode Island. But the proposed Health
Department regulations don't specify geographic areas.

Also, unlike other states, Hogan noted that Rhode Island's law
requires that compassion centers operate as not-for-profit businesses.

The proposed rules define a compassion center as a not-for-profit
entity that "acquires, possesses, cultivates, manufactures, delivers,
transfers, transports, supplies or dispenses marijuana ... to
registered qualifying patients and their registered primary caregivers."

While the law limits qualified patients to possession of up to 12
plants and 2.5 ounces, only compassion centers would be able to keep
greater amounts, based on the number of patients cared for. And the
proposed rules state that the centers cannot dispense more than 2.5
ounces to a specific patient over a 15-day period.

Addressing a concern of medical marijuana advocates, the proposed
regulations specify that patients, caregivers and compassion-center
employees cannot be prosecuted for possession of illegal drugs or
sale of a controlled substance provided they adhere to the rules on limits.

The regulations don't address how much a compassion center might
charge for marijuana, but says that a center would be treated as a
licensed caregiver, and licensed caregivers would be allowed to be
reimbursed for costs assisted with helping a patient.

"We don't control prices," said Vanderslice. "The caregivers can
charge enough to cover expenses, but we don't get into specific prices."

Several of the rules address the background of compassion center
staffers and security.

People with felony drug convictions cannot serve as primary
caregivers, or work at compassion centers, although the Health
Department has the discretion to waive that. However, if a person had
been convicted of a drug offense related to the medical use of
marijuana, that conviction would not apply.

Also, schools, employers and landlords would not be able to penalize
someone for being involved in the dispensation or use of medical marijuana.

The compassion centers could not be within 500 feet of a school, and
would have to be equipped with a fully operational alarm system and
good exterior lighting. Any incidents, including alarm malfunctions,
would have to be reported to local police.

Operators would also be required to limit access to the center, to
allow only authorized personnel in the room where marijuana is
stored, to submit to announced inspections by the Health Department
and to conduct monthly inventories of marijuana.

Each compassion center would also be required to develop an
operations manual that would, among other things, include an alcohol-
and drug-free workplace policy. The manual would also have to include
outreach policies, including "ingestion options" for marijuana, "safe
smoking techniques" and "potential side effects."