AN ACT RELATING TO FOOD AND DRUGS -- COMPASSIONATE ACCESS TO MEDICAL CANNABIS ACT (Requires certain health care facilities to allow a terminally ill patient’s use of medicinal cannabis within the health care facility, subject to certain restrictions.)

S2872

2026 -- S 2872
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO FOOD AND DRUGS -- COMPASSIONATE ACCESS TO MEDICAL
CANNABIS ACT

Introduced By:
Senators Lauria, DiMario, Valverde, Vargas, Acosta, Mack, Felag,
Ciccone, Urso, and Pearson

Date Introduced:
March 04, 2026

Referred To:
Senate Health & Human Services
It is enacted by the General Assembly as follows:
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SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby
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amended by adding thereto the following chapter:
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CHAPTER 28.13
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COMPASSIONATE ACCESS TO MEDICAL CANNABIS ACT
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21-28.13-1. Short title.

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This chapter shall be known and may be cited as the “Compassionate Access to Medical
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Cannabis Act”
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21-28.13-2. Legislative purpose.

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It is the purpose of this chapter to support the ability of a terminally ill patient to safely use
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medicinal cannabis within specified healthcare facilities in compliance with the terms of the
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Edward O. Hawkins and Thomas C. Slater Medical Marijuana act set forth in chapter 28.6 in title
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21.
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21-28.13-3. Definitions.

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As used in this chapter, the following words and terms shall have the following meanings
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unless the context shall clearly indicate another or different meaning or intent:
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(1) “Healthcare facility” has the same meaning as defined in § 23-15-2. “Healthcare
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facility” does not include a chemical dependency recovery facility.
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(2) “Medicinal cannabis” means cannabis or a cannabis product used in compliance with

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the Edward O. Hawkins and Thomas C. Slater Medical Marijuana act set forth in chapter 28.6 of
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title 21.
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(3) “Patient” means an individual who is terminally ill.
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(4) “Terminally ill” means a medical condition resulting in a prognosis of cessation of life
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in one year or less, if the disease follows its natural course.
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21-28.13-4. Terms and conditions to use medical cannabis.

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(a) A healthcare facility shall permit patient use of medical cannabis and shall do all of the
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following:
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(1) Prohibit smoking or vaping as methods to use medicinal cannabis;
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(2) Include the use of medicinal cannabis within the patient’s medical records;
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(3) Require a patient to provide the healthcare facility with a copy of the patient’s valid
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identification card, as described in §§ 3-8-6 or 3-8-6.1;
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(4) Require a patient to provide the healthcare facility with a copy of their medical
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marijuana card or written documentation that the use of medicinal cannabis is recommended by a
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physician;
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(5) Reasonably restrict the manner in which a patient stores and uses medicinal cannabis,
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including requiring the medicinal cannabis to be stored in a locked container, to ensure the safety
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of other patients, guests, and employees of the healthcare facility, compliance with other state laws,
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and the safe operations of the healthcare facility; and
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(6) Develop and disseminate written guidelines pursuant to this chapter, for the use of
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medicinal cannabis within the healthcare facility.
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(b) This section does not apply to a patient receiving emergency services and care.
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21-28.13-5. Compliance with drug and medication requirements.

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Notwithstanding the classification of medicinal cannabis as a Schedule I drug and any other
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law, health facilities permitting patient use of medicinal cannabis shall comply with drug and
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medication requirements applicable to Schedule II, III, and IV drugs and shall be subject to
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enforcement actions by the department of health.
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21-28.13-6. Limited obligation of health facility.

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This chapter does not require a healthcare facility to provide a patient with a
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recommendation to use medicinal cannabis or include medicinal cannabis in a patient’s discharge
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plan.
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21-28.13-7. Compliance and limitation.

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(a) Compliance with this chapter shall not be a condition for obtaining, retaining, or
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renewing a license as a healthcare facility.

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(b) This chapter does not reduce, expand, or otherwise modify the laws restricting the
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cultivation, possession, distribution, or use of cannabis that may be otherwise applicable.
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21-28.13-8. Federal authority.

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(a) If a federal regulatory agency, the United States Department of Justice (US DOJ), or
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the federal Centers for Medicare and Medicaid Services (CMS) takes one of the following actions,
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a healthcare facility may suspend compliance with § 21-28.13-4 until the regulatory agency, the
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US DOJ, or CMS notifies the healthcare facility that it may resume permitting the use of medicinal
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cannabis within the facility:
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(1) A federal regulatory agency or the US DOJ initiates enforcement action against a
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healthcare facility related to the facility’s compliance with a state-regulated medical marijuana
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program; and
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(2) A federal regulatory agency, the US DOJ, or CMS issues a rule or otherwise provides
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notification to the healthcare facility that expressly prohibits the use of medical marijuana in
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healthcare facilities or otherwise prohibits compliance with a state-regulated medical marijuana
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program.
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(b) This section does not permit a healthcare facility to prohibit patient use of medicinal
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cannabis due solely to the fact that cannabis is a Schedule I drug pursuant to the federal Uniform
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Controlled Substances Act, or other federal constraints on the use of medicinal cannabis that were
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in existence prior to the enactment of this chapter.
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21-28.13-9. Severability.

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If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any
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court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate
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the remainder of the chapter but shall be confined in its operation to the clause, sentence, paragraph,
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section, or part directly involved in the controversy in which that judgment shall have been
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rendered.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO FOOD AND DRUGS -- COMPASSIONATE ACCESS TO MEDICAL
CANNABIS ACT
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This act would require certain healthcare facilities to allow a terminally ill patient’s use of
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medicinal cannabis within the healthcare facility, subject to the following restrictions including:
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requiring a patient to provide the healthcare facility with an ID and a copy of their medical
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marijuana card or written documentation that the use of medicinal cannabis is recommended by a
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physician, and requiring a healthcare facility to restrict how a patient stores and uses medicinal
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cannabis to ensure the safety of other patients, guests, and employees of the healthcare facility. The
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act would also provide that compliance with the bill would not be a condition for obtaining,
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retaining, or renewing a license as a healthcare facility.
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The act would authorize a healthcare facility to suspend compliance with these provisions
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if a federal agency takes specified actions.
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This act would take effect upon passage.
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