§ 21-28.11-29. Prohibited activities.
(a) This chapter shall not permit:
(1) Any person to undertake any task under the influence of cannabis when doing so would constitute negligence or professional malpractice;
(2) The smoking or vaporizing of cannabis:
(i) In a school bus or other form of public transportation;
(ii) On any school grounds;
(iii) In any correctional facility;
(iv) In any public place or other place where smoking or vaporizing of tobacco is prohibited by federal or state law or by local ordinance;
(v) In any licensed drug treatment facility in this state; or
(vi) Where exposure to the cannabis smoke significantly adversely affects the health, safety, or welfare of children; or
(3) Any person to operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of cannabis. However, a person shall not be considered to be under the influence solely for having cannabis metabolites in his or her system.
(b) Nothing in this chapter shall be construed to require:
(1) A government medical assistance program or private health insurer or workers’ compensation insurer, workers’ compensation group self-insurer, or employer self-insured for workers’ compensation under § 28-36-1 to reimburse a person for costs associated with the medical use of cannabis; or
(2) An employer to accommodate the medical use of marijuana in any workplace.
(c) Fraudulent representation to a law enforcement official of any fact or circumstance relating to the medical use of marijuana to avoid arrest or prosecution shall be punishable by a fine of five hundred dollars ($500) which shall be in addition to any other penalties that may apply for making a false statement for the nonmedical use of cannabis.
(d) Nothing contained in this chapter shall be construed to require employers to accommodate the use or possession of cannabis, or being under the influence of cannabis, in any workplace or the use of cannabis in any other location while an employee is performing work, including remote work. Employers may implement drug use policies which prohibit the use or possession of cannabis in the workplace or while performing work from being under the influence of cannabis, provided that unless such use is prohibited pursuant to the terms of a collective bargaining agreement, an employer shall not fire or take disciplinary action against an employee solely for an employee’s private, lawful use of cannabis outside the workplace and as long as the employee has not and is not working under the influence of cannabis except to the extent that:
(1) The employer is a federal contractor or otherwise subject to federal law or regulations such that failure to take such action would cause the employer to lose a monetary or licensing related benefit thereunder; or
(2) The employee is employed in a job, occupation or profession that is hazardous, dangerous or essential to public welfare and safety. If the employee’s job, occupation or profession involves work that is hazardous, dangerous or essential to public welfare and safety then the employer may adopt and implement policies which prohibit the use or consumption of cannabis within the twenty-four (24) hour period prior to a scheduled work shift or assignment. For purposes of this section, hazardous, dangerous or essential to public welfare and safety shall include, but not be limited to: operation of an aircraft, watercraft, heavy equipment, heavy machinery, commercial vehicles, school buses or public transportation; use of explosives; public safety first responder jobs; and emergency and surgical medical personnel.
(e) Nothing contained in this chapter shall prevent an employer from refusing to hire, discharging, disciplining, or otherwise taking an adverse employment action against a person with respect to hire, tenure, terms, conditions, or privileges of employment because of that person’s violation of a workplace drug policy or because that person was working while under the influence of cannabis.
(f) The provisions of this chapter do not exempt any person from arrest, civil or criminal penalty, seizure or forfeiture of assets, discipline by any state or local licensing board or authority, and state prosecution for, nor may they establish an affirmative defense based on this chapter to charges arising from, any of the following acts:
(1) Driving, operating, or being in actual physical control of a vehicle or a vessel under power or sail while impaired by cannabis or cannabis products;
(2) Possessing or using cannabis or cannabis products if the person is in state custody;
(3) Possessing or using cannabis or cannabis products in any local detention facility, jail, state prison, reformatory, or other correctional facility, including, without limitation, any facility for the detention of juvenile offenders;
(4) Manufacturing or processing of cannabis products with the use of prohibited solvents, in violation of this chapter and chapter 28.6 of this title; or
(5) Possessing, using, distributing, cultivating, processing or manufacturing cannabis or cannabis products which do not satisfy the requirements of this chapter and chapter 28.6 of this title.
(g) Except as provided in this section, the provisions of this chapter do not require any person, corporation, state department or any other entity that occupies, owns, or controls a property to allow the consumption, or transfer of marijuana on or in that property.
(h) Except as provided in this section, in the case of the rental of a residential dwelling unit governed by chapter 18 of title 34, a landlord may not prohibit the consumption of cannabis by non-smoked or non-vaporized means, or the transfer without compensation of cannabis by the tenant as defined in § 34-18-11, provided the tenant is in compliance with the possession and transfer limits and other requirements set forth in this chapter.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective May 25, 2022.