2021 -- S 0397

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LC001818

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO FOOD AND DRUGS - THE EDWARD O. HAWKINS AND THOMAS C.

SLATER MEDICAL MARIJUANA ACT

     

     Introduced By: Senator Frank A. Ciccone

     Date Introduced: February 25, 2021

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 21-28.6-4 of the General Laws in Chapter 21-28.6 entitled "The

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Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act" is hereby amended to read as

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follows:

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     21-28.6-4. Protections for the medical use of marijuana.

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     (a) A qualifying patient cardholder who has in his or her possession a registry identification

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card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or

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privilege, including, but not limited to, civil penalty or disciplinary action by a business or

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occupational or professional licensing board or bureau, solely for the medical use of medical

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marijuana; provided that the qualifying patient cardholder possesses an amount of medical

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marijuana that does not exceed twelve (12) mature marijuana plants and twelve (12) immature

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marijuana plants that are accompanied by valid medical marijuana plant tags, two and one-half

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ounces (2.5 oz.) of dried medical marijuana, or its equivalent amount which satisfies the

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requirements of this chapter, and an amount of wet medical marijuana to be set by regulations

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promulgated by the department of business regulation. The plants shall be stored in an indoor

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facility. Marijuana plants and the marijuana they produce shall only be grown, stored,

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manufactured, and processed in accordance with regulations promulgated by the department of

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business regulation;

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     (b) An authorized purchaser who has in his or her possession a registry identification card

 

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shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege,

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including, but not limited to, civil penalty or disciplinary action by a business or occupational or

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professional licensing board or bureau, for the possession of medical marijuana; provided that the

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authorized purchaser possesses an amount of medical marijuana that does not exceed two and one-

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half (2.5) ounces of usable marijuana, or its equivalent amount, and this medical marijuana was

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purchased legally from a compassion center for the use of their designated qualifying patient.

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     (c) A qualifying patient cardholder, who has in his or her possession a registry

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identification card, shall not be subject to arrest, prosecution, or penalty in any manner, or denied

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any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business

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or occupational or professional licensing board or bureau, for selling, giving, or distributing, on or

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before December 31, 2016, to a compassion center cardholder, medical marijuana of the type and

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in an amount not to exceed that set forth in subsection (a) that he or she has cultivated or

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manufactured pursuant to this chapter.

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     (d) No school or landlord may refuse to enroll, or lease to, or otherwise penalize, a person

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solely for because of his or her status as a cardholder or lawful user of medical marijuana under

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this chapter. Provided, however, due to the safety and welfare concern for other tenants, the

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property, and the public, as a whole, a landlord may have the discretion not to lease, or continue to

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lease, to a cardholder who cultivates, manufactures, processes, smokes, or vaporizes medical

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marijuana in the leased premises.

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     (e) No employer may refuse to employ, or otherwise penalize, a person solely for because

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of his or her status as a cardholder or lawful user of medical marijuana under this chapter, except:

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     (1) To the extent employer action is taken with respect to such person's:

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     (i) Use or possession of marijuana or being under the influence of marijuana in any

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workplace;

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     (ii) Undertaking a task under the influence of marijuana when doing so would constitute

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negligence or professional malpractice or jeopardize workplace safety;

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     (iii) Operation, navigation, or actual physical control of any motor vehicle or other

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transport vehicle, aircraft, motorboat, machinery or equipment, or firearms while under the

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influence of marijuana; or

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     (iv) Violation of employment conditions pursuant to the terms of a collective bargaining

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agreement; or

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     (2) Where the employer is a federal contractor or otherwise subject to federal law such that

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failure of the employer to take such action against the employee would cause the employer to lose

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a monetary or licensing related benefit.

 

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     (f) For purposes of subsections (d) and (e) of this section, a cardholder's positive drug test

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for marijuana components or metabolites shall not by itself constitute evidence that the person is

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under the influence of marijuana.

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     (f)(g) A primary caregiver cardholder, who has in his or her possession a registry

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identification card, shall not be subject to arrest, prosecution, or penalty in any manner, or denied

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any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business

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or occupational or professional licensing board or bureau, for assisting a patient cardholder, to

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whom he or she is connected through the department of health or department of business

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regulation's registration process, with the medical use of medical marijuana; provided, that the

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primary caregiver cardholder possesses an amount of marijuana that does not exceed twelve (12)

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mature marijuana plants that are accompanied by valid medical marijuana tags, two and one-half

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(2.5) ounces of usable marijuana, or its equivalent amount, and an amount of wet marijuana set in

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regulations promulgated by the departments of health and business regulation for each qualified

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patient cardholder to whom he or she is connected through the department of health's registration

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process.

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     (g)(h) A qualifying patient cardholder shall be allowed to possess a reasonable amount of

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unusable marijuana, including up to twelve (12) immature marijuana plants that are accompanied

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by valid medical marijuana tags. A primary caregiver cardholder shall be allowed to possess a

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reasonable amount of unusable marijuana, including up to twenty-four (24) immature marijuana

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plants that are accompanied by valid medical marijuana tags and an amount of wet marijuana set

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in regulations promulgated by the departments of health and business regulation.

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     (h)(i) There shall exist a presumption that a cardholder is engaged in the medical use of

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marijuana if the cardholder:

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     (1) Is in possession of a registry identification card; and

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     (2) Is in possession of an amount of marijuana that does not exceed the amount permitted

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under this chapter. Such presumption may be rebutted by evidence that conduct related to marijuana

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was not for the purpose of alleviating the qualifying patient's debilitating medical condition or

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symptoms associated with the medical condition.

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     (i)(j) A primary caregiver cardholder may receive reimbursement for costs associated with

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assisting a qualifying patient cardholder's medical use of marijuana. A primary caregiver

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cardholder may only receive reimbursement for the actual costs of goods, materials, services or

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utilities for which they have incurred expenses. A primary caregiver may not receive

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reimbursement or compensation for his or her time, knowledge, or expertise. Compensation shall

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not constitute sale of controlled substances under state law. The department of business regulation

 

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may promulgate regulations for the documentation and tracking of reimbursements and the transfer

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of medical marijuana between primary caregivers and their registered patients.

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     (j)(k) A primary caregiver cardholder, who has in his or her possession a registry

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identification card, shall not be subject to arrest, prosecution, or penalty in any manner, or denied

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any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business

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or occupational or professional licensing board or bureau, for selling, giving, or distributing, on or

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before December 31, 2016, to a compassion center cardholder, marijuana, of the type, and in an

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amount not to exceed that set forth in subsection (f)(g) of this section, if:

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     (1) The primary caregiver cardholder cultivated the marijuana pursuant to this chapter, not

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to exceed the limits of subsection (f)(g) of this section; and

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     (2) Each qualifying patient cardholder the primary caregiver cardholder is connected with

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through the department of health's registration process has been provided an adequate amount of

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the marijuana to meet his or her medical needs, not to exceed the limits of subsection (a).

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     (k)(l) A practitioner shall not be subject to arrest, prosecution, or penalty in any manner, or

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denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by

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the Rhode Island board of medical licensure and discipline, or an employer or occupational or

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professional licensing board or bureau solely for providing written certifications in accordance with

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this chapter and regulations promulgated by the department of health, or for otherwise stating that,

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in the practitioner's professional opinion, the potential benefits of the medical marijuana would

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likely outweigh the health risks for a patient.

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     (l)(m) Any interest in, or right to, property that is possessed, owned, or used in connection

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with the lawful medical use of marijuana, or acts incidental to such use, shall not be forfeited.

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     (m)(n) No person shall be subject to arrest or prosecution for constructive possession,

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conspiracy, aiding and abetting, being an accessory, or any other offense, for simply being in the

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presence or vicinity of the medical use of marijuana as permitted under this chapter, or for assisting

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a qualifying patient cardholder with using or administering marijuana.

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     (n)(o) A practitioner, licensed with authority to prescribe drugs pursuant to chapters 34,

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37, and 54 of title 5, or pharmacist, licensed under chapter 19.1 of title 5, or certified school nurse

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teacher, shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or

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privilege, including, but not limited to, civil penalty or disciplinary action by an employer or

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occupational or professional licensing board or bureau solely for: (1) Discussing the benefits or

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health risks of medical marijuana or its interaction with other substances with a patient; or

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     (2) Administering a non-smokable and non-vaporized form of medical marijuana in a

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school setting to a qualified patient registered in accordance with this chapter.

 

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     (o)(p) A qualifying patient or primary caregiver registry identification card, or its

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equivalent, issued under the laws of another state, U.S. territory, or the District of Columbia, to

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permit the medical use of marijuana by a patient with a debilitating medical condition, or to permit

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a person to assist with the medical use of marijuana by a patient with a debilitating medical

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condition, shall have the same force and effect as a registry identification card.

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     (p)(q) Notwithstanding the provisions of subsection (f)(g) of this section, no primary

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caregiver cardholder shall possess an amount of marijuana in excess of twenty-four (24) mature

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marijuana plants that are accompanied by valid medical marijuana tags and five (5) ounces of

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usable marijuana, or its equivalent, and an amount of wet medical marijuana set in regulations

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promulgated by the departments of health and business regulation for patient cardholders to whom

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he or she is connected through the department of health and/or department of business regulation

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registration process.

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     (q)(r) A qualifying patient or primary caregiver cardholder may give marijuana to another

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qualifying patient or primary caregiver cardholder to whom they are not connected by the

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department's registration process, provided that no consideration is paid for the marijuana, and that

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the recipient does not exceed the limits specified in this section.

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     (r)(s) Qualifying patient cardholders and primary caregiver cardholders electing to grow

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marijuana shall only grow at one premises, and this premises shall be registered with the department

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of business regulation. Except for licensed compassion centers, and licensed cooperative

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cultivations, and licensed cultivators, no more than twenty-four (24) mature marijuana plants that

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are accompanied by valid medical marijuana tags shall be grown or otherwise located at any one

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dwelling unit or commercial unit. The number of qualifying patients or primary caregivers residing,

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owning, renting, growing, or otherwise operating at a dwelling or commercial unit does not affect

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this limit. The department of business regulation shall promulgate regulations to enforce this

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provision.

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     (s)(t) For the purposes of medical care, including organ transplants, a patient cardholder's

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authorized use of marijuana shall be considered the equivalent of the authorized use of any other

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medication used at the direction of a physician, and shall not constitute the use of an illicit

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substance.

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     (t)(u) Notwithstanding any other provisions of the general laws, the manufacture of

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marijuana using a solvent extraction process that includes the use of a compressed, flammable gas

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as a solvent by a patient cardholder or primary caregiver cardholder shall not be subject to the

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protections of this chapter.

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     (u)(v) Notwithstanding any provisions to the contrary, nothing in this chapter or the general

 

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laws shall restrict or otherwise affect the manufacturing, distribution, transportation, sale,

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prescribing, and dispensing of a product that has been approved for marketing as a prescription

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medication by the U.S. Food and Drug Administration and legally prescribed, nor shall hemp, in

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accordance with chapter 26 of title 2, be defined as marijuana or marihuana pursuant to this chapter,

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chapter 28 of this title or elsewhere in the general laws.

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     SECTION 2. Chapter 21-28.6 of the General Laws entitled "The Edward O. Hawkins and

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Thomas C. Slater Medical Marijuana Act" is hereby amended by adding thereto the following

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section:

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     21-28.6-19. Civil liability.

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     A person whose rights under § 21-28.6-4 have been violated may commence a civil action

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for injunctive and other appropriate equitable relief, and for the award of compensatory and

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exemplary damages, within three (3) years after the occurrence of the alleged violation of this

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chapter. An aggrieved person who prevails in an action authorized by this section, in addition to

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other relief, is entitled to an award of costs of the litigation and reasonable attorneys' fees in an

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amount to be fixed by the court.

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     SECTION 3. Section 28-6.5-2 of the General Laws in Chapter 28-6.5 entitled "Urine and

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Blood Tests as a Condition of Employment" is hereby amended to read as follows:

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     28-6.5-2. Testing of prospective employees.

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     (a) Except as provided in subsections (b) and (c) of this section, an employer may require

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a job applicant to submit to testing of his or her blood, urine or any other bodily fluid or tissue if:

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     (1) The job applicant has been given an offer of employment conditioned on the applicant's

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receiving a negative test result;

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     (2) The applicant provides the test sample in private, outside the presence of any person;

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and

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     (3) Positive tests of urine, blood, or any other bodily fluid or tissue are confirmed by a

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federal certified laboratory by means of gas chromatography/mass spectrometry or technology

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recognized as being at least as scientifically accurate.

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     (b) The pre-employment drug testing authorized by this section shall not extend to job

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applicants for positions with any agency or political subdivision of the state or municipalities,

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except for applicants seeking employment as a law enforcement or correctional officer, firefighter,

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or any other position where that testing is required by federal law or required for the continued

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receipt of federal funds.

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     (c) An employer shall not be required to comply with the conditions of testing under

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subsection (a) of this section to the extent they are inconsistent with federal law.

 

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     (d) Any testing authorized by this chapter shall be subject to the provisions of § 21-28.6-4.

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     SECTION 4. 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 - THE EDWARD O. HAWKINS AND THOMAS C.

SLATER MEDICAL MARIJUANA ACT

***

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     This act would expand the criminal and civil protections to lawful users of medical

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marijuana. This act would also provide for civil damages to be imposed upon violators of these

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protections.

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     This act would take effect upon passage.

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