Medical marijuana

• (a) Purpose. It is the purpose and intent of this section to regulate the cultivation and distribution of medical marijuana as allowed by Rhode Island General Laws 21-28.6-1 et seq. entitled the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act.

• (b) Definitions. As used in this section, the following terms shall have the meanings indicated. Any terms not defined herein shall be defined by reference to RIGL § 21-28.6-3.

  Caregiver cultivation. Marijuana cultivation for medical use only by a single registered caregiver cardholder, as defined in RIGL § 21-28.6.

  Compassion center. A not-for-profit corporation, subject to the provisions of RIGL Chapter 6 of Title 7 and registered under § 21-28.6.6-12 that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies or dispenses marijuana, and/or related supplies and educational materials, to patient cardholders and/or their registered caregiver cardholder or authorized purchaser.

  Compassion center cardholder. A principal officer, board member, employee, volunteer, or agent of a compassion center who has registered with the Rhode Island Department of Health or the Department of Business Regulation and has been issued and possesses a valid, registry identification card.

  Licensed cultivator. A person, co-partnership, entity and corporation, who has been licensed by the Department of Business Regulation to cultivate marijuana pursuant to RIGL § 21-28.6-16. A licensed cultivator may acquire, possess, cultivate, deliver, or transfer marijuana only to licensed compassion centers. A licensed cultivator shall not be a primary caregiver cardholder and shall not hold a cooperative cultivation license.

  Marijuana store. Any retail establishment at which the sale or use of marijuana as defined in RIGL § 21-28-1.02(30) takes place. This shall not include a compassion center regulated and licensed by the State of Rhode Island, as defined herein.

  Nonresidential cooperative cultivation. Two or more cardholders who cooperatively cultivate marijuana in nonresidential locations subject to the restrictions set forth in RIGL § 21-28.6-14 and this section of the Narragansett Zoning Ordinance.

  Patient cardholder. A person who has registered with the Rhode Island Department of Health or the Department of Business Regulation and has been issued and possesses a valid registry identification card.

  Patient cultivation. Marijuana cultivation by a single registered patient cardholder for medical use only, as defined in RIGL § 21-28.6.

  Residential cooperative cultivation. Two or more cardholders who cooperatively cultivate marijuana in residential locations subject to the restrictions set forth in RIGL § 21-28.6-14 and this section of the Narragansett Zoning Ordinance.

• (c) General prohibition. In order to protect the public health, safety and welfare all growing, cultivation and sale of medical marijuana is prohibited within the boundaries of the Town of Narragansett unless specifically authorized by this section.

• (d) Patient cultivation. Marijuana cultivation by a single registered cardholder, as defined within this section, shall only be permitted as an accessory use to a lawfully permitted residential use within his or her residential dwelling. In a mixed-use building that contains residential and nonresidential uses, this use shall be contained within the residential dwelling unit only.

• (e) Caregiver cultivation.

  • 1. Residential cooperative cultivation, as defined in this section, shall be prohibited in all zoning districts.

  • 2. Non-residential cooperative cultivation, as defined in this section, shall be prohibited in all zoning districts.

• (f) Licensed cultivation. Cultivation of marijuana by a licensed cultivator, as defined in this section, shall be prohibited in all zoning districts.

• (g) Compassion centers. Compassion centers, as defined in this section, shall be prohibited in all zoning districts.

• (h) Marijuana store. Marijuana store, as defined in this section, shall be prohibited in all zoning districts.

• (i) Marijuana extraction. The use of butane, propane or other solvents used for the purposes of marijuana extraction shall be strictly prohibited in all zoning districts.

• (j) Enforcement.

  • 1. Any person or organization found to be in violation of this section shall be subject to enforcement in accordance with Section 23.1 of the Town of Narragansett Zoning Ordinance. The Town may pursue its enforcement remedies either in the Narragansett Municipal Court or in a state court of competent jurisdiction.

  • 2. All unpermitted preexisting cultivation shall be required to comply with this section.

  • 3. All uses permitted under this section shall comply fully with all other licensing requirements of the Town of Narragansett and laws and regulations of the State of Rhode Island.

(Ch. 1067, § 2, 7-15-2019)