Medical marijuana

[Added 10-17-2016 by Ch. No. 1877]

• A. Definitions. As used in this section, the following terms shall have the meanings indicated:

  CARDHOLDER — A qualifying patient or a primary caregiver who has registered with the Rhode Island Department of Health and has been issued and possesses a valid registry identification card.

  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 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, who have designated it as one of their primary caregivers.

  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 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.

  [Added 11-13-2017 by Ch. No. 1907]

  MARIJUANA STORE — Any retail establishment at which the sale or use of marijuana, medical or otherwise, 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 Westerly Zoning Ordinance.

  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 Westerly Zoning Ordinance.

• B. Purpose. It is the intent of this section to regulate the cultivation and distribution of medical marijuana as allowed by the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act. (See RIGL 21-28.6-1 et seq.) The Town is dedicated to supporting the needs of patients requiring care through the use of medical marijuana consistent with the health, safety and general welfare of the community at large.
• C. Patient cultivation. Patient cultivation shall be permitted in all residential, commercial and industrial zoning districts in the Town of Westerly. Patient cultivation shall not be allowed unless each of the following criteria has been met:
  • (1) Patient cultivation shall only be allowed at the patient cardholder's primary residence when being conducted in a residential zoning district. If the patient cardholder does not own the subject property, the owner(s) of the subject property shall provide written acknowledgment and approval of the proposed use, which shall be appropriately notarized prior to review and approval by the Town.
  • (2) The patient cardholder shall apply for the appropriate approvals and inspections by the local Fire Chief. The Fire Chief shall approve the application for permits pursuant to RIGL 23-28.1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the local Fire Chief and not subject to review by any party other than the cardholder.
  • (3) The patient cardholder shall apply for a zoning certificate, and the patient cardholder or a licensed contractor shall apply for all appropriate zoning, building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code. The Building Official shall approve the application for permits pursuant to RIGL 23-27.3-108.1.1. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Building Official and are not subject to review by any party other than the cardholder.

    [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

    Editor's Note: See Ch. 90, Building Construction, Art. I, State Building Code.

  • (4) In addition to the requirements above, the patient cardholder shall demonstrate to the Building Official that the following requirements have been met:
    • (a) That the area used for growing is secured by locked doors;
    • (b) That the area used for growing has means of egress consistent with current State Building and Fire Codes for its use and occupancy;

      [Amended 11-13-2017 by Ch. No. 1907]

    • (c) That the area used for growing shall not be within 10 feet of a heating or other ignition source such as an electric, propane, natural gas or oil-fired furnace or heater or as required per manufacturer specifications of such source;
    • (d) That the area used for growing shall have proper ventilation to mitigate the risk of mold;
    • (e) That the area used for growing shall have carbon filters installed to reduce odors;
    • (f) That smoke alarms/detectors are installed in accordance with the State Fire Code and/or to the satisfaction of the Fire Department.
  • (5) Zoning certificates, Fire Department inspection and/or review, or building/trade permits, are not required for patient cardholders cultivating marijuana by natural means that do not make modifications to existing electrical, mechanical or plumbing services in their place of primary residence in a residential zoning district.
  • (6) Possession limits. Patient cultivation possession limits shall be as follows unless otherwise stated in the Rhode Island General Laws:

    	Mature Plants	Immature Plants (Seedlings) and Unusable Marijuana	Usable Marijuana
    Patient cardholder	12 plants	12 plants	2.5 ounces

• D. Caregiver cultivation. Caregiver cultivation shall be permitted in all residential, commercial and industrial zoning districts in the Town of Westerly except in those located in Zone HDR 6 High-Density Residential Zoning Districts or in multifamily dwellings of three or more residential units. Additionally, caregiver cultivation shall not be allowed unless each of the following criteria has been met:
  • (1) If the caregiver cardholder does not own the subject property, the owner(s) of the subject property shall provide written acknowledgment and approval of the proposed use, which shall be appropriately notarized prior to review and approval by the Town.
  • (2) The caregiver cardholder shall apply for the appropriate approvals and inspections by the local Fire Chief. The Fire Chief shall approve the application for permits pursuant to RIGL 23-28.1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the local Fire Chief and are not subject to review by any party other than the cardholder.
  • (3) The caregiver cardholder shall apply for a zoning certificate, and the caregiver cardholder or a licensed contractor shall apply for all appropriate zoning, building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code. The Building Official shall approve the application for permits pursuant to RIGL 23-27.3-108.1.1. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Building Official and are not subject to review by any party other than the cardholder.

    [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

    Editor's Note: See Ch. 90, Building Construction, Art. I, State Building Code.

  • (4) In addition to the requirements above, the caregiver cardholder shall demonstrate to the Building Official that the following requirements have been met:
    • (a) That the area used for growing is secured by locked doors;
    • (b) That the area used for growing has means of egress consistent with current State Building and Fire Codes for its use and occupancy;

      [Amended 11-13-2017 by Ch. No. 1907]

    • (c) That the area used for growing shall not be within 10 feet of a heating or other ignition source such as an electric, propane, natural gas or oil-fired furnace or heater or as required per manufacturer specifications of such source;
    • (d) That the area used for growing shall have proper ventilation to mitigate the risk of mold;
    • (e) That the area used for growing shall have carbon filters installed to reduce odors;
    • (f) That smoke alarms/detectors are installed in accordance with the State Fire Code and/or to the satisfaction of the Fire Department.
  • (5) Possession limits. Caregiver cultivation possession limits shall be as follows unless otherwise stated in the Rhode Island General Laws:

    	Mature Plants	Immature Plants (Seedlings) and Unusable Marijuana	Usable Marijuana
    Primary caregiver	12 plants per patient cardholder (to whom he/she is connected through RIDOH registration process)	12 plants	2.5 ounces per patient cardholder (to whom he/she is connected through RIDOH registration process)

• E. Cooperative cultivation.
  • (1) Residential cooperative cultivation, as defined under this section, shall be prohibited in all zoning districts.
  • (2) Nonresidential cooperative cultivation shall be prohibited in all zoning districts except in all industrial zones and in general commercial zones of the Town and only upon the issuance of a special use permit by the Westerly Zoning Board of Review in accordance with § 260-34 of this chapter. Additionally, such special use permit shall not be granted unless each of the following standards have been met:
    • (a) A property containing medical marijuana, and cultivated by a nonresidential cooperative cultivation, shall not be located closer than 500 feet to where any place of religious worship, preschool, elementary or secondary school, day-care/child-care center, athletic field or playground is located.
    • (b) A cardholder shall only cooperatively cultivate in one location.
    • (c) No single location shall have more than one cooperative cultivation. For the purpose 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 acknowledgement of the limitation of the right to use and possess marijuana for medical purposes in Rhode Island, that is signed by each cardholder, shall be prominently displayed on the premises.
    • (f) The property owner shall apply for the appropriate approvals and inspections by the local Fire Chief. The Fire Chief shall approve the application for permits pursuant to RIGL 23-28.1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the local Fire Chief and are not subject to review by any party other than the cardholder.
    • (g) The property owner shall apply for a zoning certificate, and the caregiver cardholder or a licensed contractor shall apply for all appropriate zoning, building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code. The Building Official shall approve the application for permits pursuant to RIGL 23-27.3-108.1.1. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Building Official and are not subject to review by any party other than the cardholder.

      [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

      Editor's Note: See Ch. 90, Building Construction, Art. I, State Building Code.

    • (h) A nonresidential cooperative cultivation must have displayed prominently on the premises an affidavit by a licensed electrician that the cultivation has been inspected and is in compliance with any applicable state or municipal housing and zoning codes.
    • (i) The location of the cooperative cultivation must be reported to the Division of State Police by the applicant for the special use permit.
  • (3) In addition to the requirements above, the cooperative shall demonstrate to the Building Official that the following requirements have been met:
    • (a) That the area used for growing is secured by locked doors;
    • (b) That the area used for growing has means of egress consistent with current State Building and Fire Codes for its use and occupancy;

      [Amended 11-13-2017 by Ch. No. 1907]

    • (c) That the area used for growing shall not be within 10 feet of a heating or other ignition source such as an electric, propane, natural gas or oil-fired furnace or heater or as required per manufacturer specifications of such source;
    • (d) That the area used for growing shall have proper ventilation to mitigate the risk of mold;
    • (e) That the area used for growing shall have carbon filters installed to reduce odors;
    • (f) That smoke alarms/detectors are installed in accordance with the State Fire Code and/or to the satisfaction of the Fire Department.
  • (4) Possession limits. Cooperative cultivation possession limits shall be as follows unless otherwise stated in the Rhode Island General Laws:

    	Mature Plants	Immature Plants (Seedlings) and Unusable Marijuana	Usable Marijuana
    Nonresidential cooperative cultivation	48 plants	24 plants	10 ounces

• F. Compassion centers. Compassion center uses, as established under § 21-28.6-1 et seq. of the Rhode Island General Laws, shall be prohibited in all zoning districts in Westerly except in the industrial zones of the Town and only upon the grant of a special use permit by the Westerly Zoning Board of Review in accordance with § 260-34 of this chapter. Additionally, such special use permit shall not be granted unless each of the following standards has been met:
  • (1) The application for a special use permit pursuant to this section shall provide the legal name and address of the compassion center, a copy of the articles of incorporation of the compassion center, and the name, address and date of birth of each principal officer and board member of the compassion center.
  • (2) Findings.
    • (a) That the requested use at the proposed location will not adversely affect the economic welfare of the nearby community;
    • (b) That the requested use at the proposed location will not adversely affect the use of any property used for school, public or private, park, playground, play field, youth center, licensed day-care center, or other location where groups of minors regularly congregate;
    • (c) That the requested use at the proposed location is sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area; and
    • (d) That the exterior appearance of the structure will be consistent with the exterior appearance of structures already constructed or under construction within the immediate neighborhood, so as to prevent blight or deterioration, or substantial diminishment or impairment of property values within the neighborhood.
  • (3) Location.
    • (a) All uses granted under this section shall not be located within:
      • [1] One thousand feet of the nearest residential zoning district, and the lot line of a residence which is a nonconforming use in a nonresidential zone in existence as of the effective date of this section; or
      • [2] One thousand five hundred feet of the nearest house of worship, school, public or private, park, playground, play field, youth center, licensed day-care center, or other location where groups of minors regularly congregate; or
      • [3] Two thousand feet of any other compassion center or cooperative cultivation site; or
      • [4] One thousand feet of any of the Westerly Town lines.
    • (b) The distances specified above shall be measured by a straight line from the nearest property line of the premises on which the proposed compassion center use is to be located to the nearest boundary line of a residential zoning district or to the nearest property line of any of the other designated uses set forth above.
  • (4) Hours of operation. The proposed compassion center hours of operation shall be limited to the hours of 7:00 a.m. to 8:00 p.m.
  • (5) Lighting.
    • (a) Lighting shall adequately illuminate the compassion center, its immediate surrounding area, any accessory uses, including storage areas, the parking lots, the compassion center's front facade, and any adjoining public sidewalk.
    • (b) Lighting shall be hooded or oriented so as to deflect light away from adjacent properties.
  • (6) Security. The proposed compassion center shall implement the appropriate security measures to deter and prevent the unauthorized entrance into areas containing marijuana and shall insure that each location has an operational surveillance system and security alarm system.
  • (7) Parking. All uses permitted under this section shall comply with the off-street parking and loading requirements and regulations as set forth in this chapter.
  • (8) Signage and advertising. All signage and advertising for a compassion center shall comply with all applicable provisions of this Code. In addition, no signage or advertising shall use the word "marijuana" or "cannabis" or any other word, phrase or symbol commonly understood to refer to marijuana unless such word, phrase or symbol is immediately preceded by the word "medical" in type and font that is at least as readily discernible as all other words, phrases or symbols on the sign. Such signage and advertising must clearly indicate that the products and services are offered only for medical marijuana patients and primary caregivers.
  • (9) No use permitted under this section shall be established prior to submission and approval of a special use permit by the Zoning Board of Review with the technical advice of the Town Zoning Official. The site plan shall depict all existing and proposed building, parking spaces, driveways, service areas and other open uses. In addition to all other restrictions defined in this chapter, the site plan shall show the distances between the proposed use and the boundary of the nearest residential zoning district and the property line of all other abutting uses.
  • (10) Upon issuance of a special use permit, the compassion center shall apply for the appropriate approvals and inspections by the local and/or State Fire Chief. The Fire Chief shall approve the application for permits pursuant to RIGL 23-28.1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the local Fire Chief and are not subject to review by any party other than the compassion center.
  • (11) Upon issuance of a special use permit, the compassion center or its licensed contractor shall apply for all appropriate building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code. The Building Official shall approve the application for permits pursuant to RIGL 23-27.3-108.1.1. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Building Official and are not subject to review by any party other than the cardholder.

    [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

    Editor's Note: See Ch. 90, Building Construction, Art. I, State Building Code.

  • (12) Possession limits. Compassion center possession limits shall be as follows unless otherwise stated in the Rhode Island General Laws:

    Compassion center

    Inventory of seedlings, plants and usable marijuana limited to reflect the projected needs of registered qualifying patients

• G. Licensed cultivation. Licensed cultivation shall be prohibited in all zoning districts except industrial zones of the Town and only upon the issuance of a special use permit by the Westerly Zoning Board of Review in accordance with § 260-34 of this chapter. Additionally, such special use permit shall not be granted unless each of the following standards have been met:

  [Added 11-13-2017 by Ch. No. 1907]

  • (1) If the licensed cultivator does not own the subject property, the owner(s) of the subject property shall provide written acknowledgment and approval of the proposed use which shall be appropriately notarized prior to review and approval by the Town.
  • (2) The Licensed Cultivator shall apply for the appropriate approvals and inspections by the local Fire Chief. The Fire Chief shall approve the application for permits pursuant to RIGL 23-28.1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the local Fire Chief and not subject to review by any party other than the cultivator.
  • (3) The licensed cultivator shall apply for a zoning certificate, and the licensed cultivator or a licensed contractor shall apply for all appropriate zoning, building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code. The Building Official shall approve the application for permits pursuant to RIGL 23-27.3-108.1.1. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Building Official and not subject to review by any party other than the cultivator. Upon the annual renewal of its license in accordance with state regulations, a licensed cultivator shall reapply for a zoning use certificate, providing documented proof of such renewal.

    [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  • (4) In addition to the requirements above, the licensed cultivator shall demonstrate to the Building Official that the following requirements have been met:
    • (a) That the area used for growing be secured by locked doors;
    • (b) That the area used for growing has means of egress consistent with current State Building and Fire Codes for its use and occupancy;
    • (c) That the area used for growing shall not be within 10 feet of a heating or other ignition source such as an electric, propane, natural gas or oil fired furnace or heater or as required per manufacturer specifications of such source;
    • (d) That the area used for growing shall have proper ventilation to mitigate the risk of mold;
    • (e) That the area used for growing shall have carbon filters installed to reduce odors;
    • (f) That smoke alarms/detectors are installed in accordance with State Fire Code and/or to the satisfaction of the Fire Department.
  • (5) Possession limits. Licensed cultivation possession limits shall be consistent with those stated in the Rhode Island General Laws.

  Editor's Note: This ordinance also redesignated former Subsections G and H as Subsections H and I, respectively.

• H. Marijuana extraction. The use of butane, propane or other solvents used for the purposes of marijuana extraction shall be strictly prohibited in all districts.
• I. Enforcement.
  • (1) Any person or organization found to be in violation of this section shall be subject to enforcement in accordance with § 260-26 of this chapter and subject to violations and penalties as provided in Chapter 1, Article II, General Penalty.
  • (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 licensing requirements of the Town of Westerly and laws of the State of Rhode Island.