230 R.I. Code R. 230-RICR-80-10-1.8

Current through November 7, 2024

Section 230-RICR-80-10-1.8 - 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). and

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 DBR 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 DBR upon request.

3. DBR 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 DBR.

4. Information provided to DBR and data collected by the DBR 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, these regulations, all other terms and conditions the DBR 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 these regulations may be enforced by DBR 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 DBR.

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 DBR 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 DBR 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 DBR.

2. Requests to expand the original growing area are subject to review and approval by DBR, 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 DBR 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 DBR.

230 R.I. Code R. 230-RICR-80-10-1.8

Amended effective 10/10/2021
Amended effective 6/11/2022
Amended effective 8/14/2024