CHAPTER 37.5
MEDICAL USE OF MARIJUANA ACT

5-37.5-3. Definitions. - (a) "Medical use of marijuana" means the production, possession, or administration of marijuana, as defined in section 21-28-1.02(19), for the exclusive benefit of a qualifying patient in the treatment of his or her terminal or debilitating illness.

(b) "Primary caregiver" means a person who:

(1) Is eighteen (18) years of age or older;

(2) Is responsible for the housing, health, or care of the patient; and

(3) Has been designated in writing by a patient to perform the duties of primary caregiver under this chapter.

(c) "Qualifying patient" means a person who:

(1) Is a patient of a physician licensed under chapter 37 of title 5;

(2) Has been diagnosed by that physician as having a terminal or debilitating medical condition;

(3) Is a resident of this state;

(4) Has been advised by that physician about the risks and benefits of the medical use of marijuana; and

(5) Has been advised by that physician that he or she may benefit from the medical use of marijuana.

(d) "Terminal or debilitating medical condition" means:

(1) Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy or other seizure disorder, or spasticity disorders; or

(2) Intractable pain, as defined in section 5-37.4-2(2); or

(3) Glaucoma, either acute or chronic, limited for the purpose of this chapter to mean increased intraocular pressure unrelieved by standard treatments and medications; or

(4) Any other medical condition duly approved by the Rhode Island board of medical licensure and discipline as directed in this chapter.

(e) "Valid documentation" means:

(1) A statement signed by a qualifying patient's physician, or a copy of the qualifying patient's pertinent medical records, which states that, in the physician's professional opinion, the potential benefits of the medical use of marijuana would likely outweigh the health risks for a particular qualifying patient; and

5-37.5-4. Physicians protected from penalty. - No physician licensed under chapter 37 of title 5 shall be subject to any penalty, including arrest, prosecution or disciplinary proceeding, or be denied any right or privilege, for:

(a) advising a qualifying patient about the risks and benefits of medical use of marijuana or that the qualifying patient may benefit from the medical use of marijuana where such use is within a professional standard of care or in the individual physician's medical judgment; or

5-37.5-5. Lawful use permitted. - (a) Notwithstanding any other laws to the contrary, the manufacture, purchase and/or possession of marijuana by a qualifying patient or a designated primary caregiver in accordance with the provisions of this chapter, and the medical use of marijuana by a qualifying patient in accordance with the provisions of this chapter, is hereby declared to be lawful. No qualifying patient or designated primary caregiver shall be penalized in any manner, or denied any right or privilege, for their compliance with the provisions of this chapter.

(b) The qualifying patient shall:

(1) Possess no more marijuana than is necessary for the patient's personal, medical use, not exceeding the amount necessary for a sixty (60) day supply; and

(2) Present his or her valid documentation to any law enforcement official who questions the patient regarding his or her medical use of marijuana.

(c) If the qualifying patient is under eighteen (18) years of age, any possession under this chapter, as well as any production, acquisition, and decision as to dosage and frequency of use, shall be the responsibility of the qualifying patient's designated primary caregiver.

(d) The designated primary caregiver shall:

(1) Meet all criteria for status as a primary caregiver to a qualifying patient;

(2) Possess, in combination with and as an agent for the qualifying patient, no more marijuana than is necessary for the patient's personal, medical use, not exceeding the amount necessary for a sixty (60) day supply;

(3) Present a copy of the qualifying patient's valid documentation required by this chapter, as well as evidence of designation to act as primary caregiver by the patient, to any law enforcement official requesting such information;

(4) Be prohibited from consuming marijuana obtained for the personal, medical use of the patient for whom the individual is acting as primary caregiver; and

5-37.5-6. Forfeiture and seizure prohibited. - (a) The possession or manufacture of medical marijuana as authorized by this chapter shall not result in the forfeiture or seizure of any property. Any marijuana seized by state or local law enforcement officials from a patient or primary caregiver, in connection with the claimed medical use of marijuana, shall be returned immediately upon the determination that the patient or primary caregiver is entitled to the protection provided by this chapter.

5-37.5-7. Limitations of chapter. - (a) Nothing in this chapter requires any health insurance provider to be liable for any claim for reimbursement for the medical use of marijuana.

(b) Nothing in this chapter requires any physician to authorize the use of medical marijuana for a patient.

(c) Nothing in this chapter requires any accommodation of any medical use of marijuana in any place of employment, in any school bus or on any school grounds, or in any youth center.

5-37.5-8. Criminal offenses. - (a) Nothwithstanding the provisions of this chapter, any person who medically uses or displays marijuana in a manner or place which is open to the view of the general public shall be guilty of a misdemeanor and subject to a fine of up to one thousand dollars ($1,000).

5-37.5-11. Severability. - If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.