[Added 2-10-2016; amended 5-10-2017]
As used in this article, the following terms shall have the
meanings indicated:
As defined under § 21-28.11-3, Subsection (11),
of the Rhode Island Cannabis Act, an entity licensed to cultivate,
process and package cannabis, to deliver cannabis to cannabis establishments
and to transfer cannabis to other cannabis establishments, but not
to consumers.
[Added 1-4-2023]
As defined under § 21-28.11-3, Subsection (14),
of the Rhode Island Cannabis Act, an entity licensed to obtain, manufacture,
process and package cannabis and cannabis products, to deliver cannabis
and cannabis products to cannabis establishments and to transfer cannabis
and cannabis products to other cannabis establishments, but not to
consumers.
[Added 1-4-2023]
As defined under § 21-28.11-3, Subsection (16),
of the Rhode Island Cannabis Act, an entity licensed pursuant to § 21-28.11-10.2
to purchase and deliver cannabis and cannabis products from cannabis
establishments and to deliver, sell or otherwise transfer cannabis
and cannabis products to cannabis establishments and to consumers.
[Added 1-4-2023]
As defined under § 21-28.11-3, Subsection (17),
of the Rhode Island Cannabis Act, a third-party analytical testing
laboratory that is licensed annually by the Commission, in consultation
with the Department of Health, to collect and test samples of cannabis
and cannabis products pursuant to regulations issued by the Commission
and is: (i) independent financially from any medical cannabis treatment
center or any licensee or cannabis establishment for which it conducts
a test; and (ii) qualified to test cannabis in compliance with regulations
promulgated by the Commission pursuant to this chapter. The term includes,
but is not limited to, a cannabis testing laboratory as provided in
§ 21-28.11-11.
[Added 1-4-2023]
As defined in R.I.G.L. § 21-28.6-3, a not-for-profit
corporation, subject to the provisions of Chapter 6 of Title 7, and
registered under R.I.G.L. § 21-28.6-12, that acquires, possesses,
cultivates, manufactures, delivers, transfers, transports, supplies
or dispenses medical marijuana, and/or related supplies and educational
materials, to patient cardholders and/or their registered caregiver
cardholder, who has been designated as one of the cardholder's primary
caregivers.
[Amended 7-11-2018]
Under § 21-28.11-3, Subsection (28), of the Rhode
Island Cannabis Act, a compassion center licensed pursuant to Chapter
28.6 of Title 21 that is in good standing with the Department of Business
regulation and that has paid the fee pursuant to § 21-28.11-10
and has been authorized to sell nonmedical or adult use cannabis to
consumers.
[Added 1-4-2023]
Any entity that, under state law, may acquire, possess, cultivate,
manufacture, deliver, transfer, transport, or supply marijuana to
a registered compassion center or other entity authorized to dispense
marijuana.
Any retail or commercial establishment, or club, whether
for-profit, nonprofit, or otherwise, at which the sale or use of medical
marijuana takes place. This shall include without limitation any so-called
"vape lounge," "vapor lounge," or any other establishment at which
medical marijuana is consumed in vaporized form. This shall not include
a compassion center regulated and licensed by the State of Rhode Island,
as defined herein.
[1][1]
Editor's Note: The definition of "recreational marijuana retail
outlet/cultivation center," added 2-16-2021, which immediately followed
this definition, was repealed 1-4-2023.
Compassion centers shall be permitted as a special use permit use in the Highway Business, Exit 7 SMD, and Industrial A Zones, subject to the requirements of Article I, § 400-8C(2), and all of the following additional requirements:
A.
The requested
use at the proposed location will not adversely affect the use of
any property used for a school, public or private park, playground,
play field, youth center, licensed day-care center, or any other location
where groups of minors regularly congregate.
B.
The requested
use at the proposed location will be sufficiently buffered in relation
to any residential area in the immediate vicinity so as not to adversely
affect said area.
C.
The exterior
appearance of the structure must be consistent with the exterior appearance
of existing structures within the immediate neighborhood.
D.
The compassion
center must not be located within:
(1)
One
thousand feet from the nearest residential zoning district; or
(2)
One
thousand feet from the nearest house of worship, school, public or
private park, playground, play field, youth center, licensed day-care
center, or any other location where groups of minors regularly congregate;
or
(3)
Two
thousand feet from any other compassion center.
E.
The distances specified in the immediately preceding Subsection D 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 district or to the nearest property line of any of the other designated uses set forth therein.
F.
Hours
of operation for a compassion center shall be limited to 8:00 a.m.
to 8:00 p.m.
G.
Lighting
shall be required that will illuminate the compassion center, its
immediate surrounding area, any accessory uses, including storage
areas, the parking lot(s), its front facade, and any adjoining public
sidewalk. Lighting shall be hooded or oriented so as to deflect light
away from adjacent properties.
H.
The proposed
compassion center shall implement the appropriate security measures
to deter and prevent unauthorized entrance into areas containing medical
marijuana and shall ensure that each location has an operational security/alarm
system.
I.
Development
plan review shall be conducted by the Planning Board.
J.
All compassion
center uses shall fully comply with all other licensing requirements
of the Town of West Greenwich and the laws of the State of Rhode Island.
In accordance with R.I.G.L. § 21-28.6-4(a), medical
marijuana must be cultivated and stored in an indoor facility.
[Added 1-4-2023[1]]
Cannabis facilities permitted by special permit use in certain zones, as set forth in Article II, shall be subject to the requirements of § 400-9 and all of the following additional requirements:
A.
Pursuant to § 21-28.11-17.1, Subsection (b)(3), of the Cannabis
Act, the cannabis facility must not be located within 500 feet of
a preexisting public or private school providing education in kindergarten
or any of Grades 1 through 12. This distance shall be measured by
a straight line from the nearest property line of the premises on
which the proposed cannabis facility is to be located to the nearest
property line of the parcel on which the school is located.
B.
The proposed facility shall implement the appropriate security measures
to deter and prevent the unauthorized entrance into areas containing
cannabis and shall ensure that each location has an operational security/alarm
system.
C.
Development plan review shall be conducted by the Planning Board.
D.
All cannabis facilities shall fully comply with all other licensing
requirements of the Town and the laws of the state.
[1]
Editor's Note: This ordinance also repealed former 400-198.1,
Recreational marijuana retail outlets/cultivation centers prohibited,
added 2-16-2021.
