2002 -- H 7262

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LC01494

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2002

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A N A C T

RELATING TO BUSINESSES AND PROFESSIONS

     Introduced By: Representatives Costantino, Ajello, and Moura

     Date Introduced: February 05, 2002

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 5 of the General Laws entitled "Businesses and Professions" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 37.5

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MEDICAL USE OF MARIJUANA ACT

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     5-37.5-1. Title. -- This chapter may be known and cited as the “Medical Use of

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Marijuana Act.”

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     5-37.5-2. Purpose and intent. -- The general assembly finds and declares that some

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patients with terminal or debilitating illnesses may benefit, under their physician’s care, from the

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medical use of marijuana. These patients should be allowed to use marijuana without fear of civil

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or criminal penalties when their physicians advise that such use may provide a medical benefit to

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them and when other reasonable restrictions regarding the use of the marijuana are imposed.

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Patients with terminal or debilitating illnesses should also be able to discuss freely with their

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physicians the possible risks and benefits of the medical use of marijuana and to have the benefit

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of their physician’s professional advice.

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     5-37.5-3. Definitions. -- (a) “Medical use of marijuana” means the possession, use,

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cultivation, acquisition, transfer, transportation or administration of marijuana, as defined in

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section 21-28-1.02(19), for the exclusive benefit of a qualifying patient in the treatment of his or

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her terminal or debilitating medical condition.

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     (b) “Primary caregiver” means a person who:

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

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

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

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under this chapter.

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     (c) “Qualifying patient” means a person who:

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

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

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condition;

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     (3) Is a resident of this state;

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

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marijuana; and

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

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marijuana.

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     (d) “Terminal or debilitating medical condition” means:

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     (1) Cancer, human immunodeficiency virus (HIV), acquired immune deficiency

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syndrome (AIDS), Crohn’s disease, glaucoma, multiple sclerosis, epilepsy or other seizure

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disorder, or spasticity disorders; or

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

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     (3) Any other medical condition duly approved by the Rhode Island board of medical

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licensure and discipline as directed in this chapter.

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     (e) “Valid documentation” means:

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     (1) A statement signed by a qualifying patient’s physician, or a copy of the qualifying

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patient’s pertinent medical records, which states that, in the physician’s professional opinion, the

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potential benefits of the medical use of marijuana would likely outweigh the health risks for a

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particular qualifying patient; and

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     (2) Proof of identity of the qualifying patient, such as a driver’s license or identification

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card as defined in section 3-8-6(b).

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     5-37.5-4. Physicians protected from penalty. -- No physician licensed under chapter 37

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of title 5 shall be subject to any penalty, including arrest, prosecution or disciplinary proceeding,

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or be denied any right or privilege, for:

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     (1) Advising a qualifying patient about the risks and benefits of medical use of marijuana

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or that the qualifying patient may benefit from the medical use of marijuana where such use is

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within a professional standard of care or in the individual physician’s medical judgment; or

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     (2) Providing a qualifying patient with valid documentation, based upon the physician’s

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assessment of the qualifying patient’s medical history and current medical condition, that the

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potential benefits of the medical use of marijuana would likely outweigh the health risks for the

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particular qualifying patient.

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     5-37.5-5. Lawful use permitted. -- (a) The medical use of marijuana in accordance

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with the provisions of this chapter is hereby declared to be lawful. Notwithstanding any other

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laws to the contrary, a qualified patient or a primary caregiver who has valid documentation shall

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not be subject to prosecution, or penalized in any manner, or denied any right or privilege for the

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medical use of marijuana in compliance with the provisions of this chapter.

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     (b) The qualifying patient shall:

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     (1) Possess, in combination with the qualifying patient’s primary caregiver, no more

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marijuana than is reasonably necessary for the patient’s personal, medical use, not exceeding the

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amount necessary for a sixty (60) day supply; and

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     (2) Present his or her valid documentation to any law enforcement official who questions

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the patient regarding his or her medical use of marijuana.

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     (c) If the qualifying patient is under eighteen (18) years of age, any possession under this

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chapter, as well as any production, acquisition, and decision as to dosage and frequency of use,

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shall be the responsibility of the qualifying patient’s designated primary caregiver.

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     (d) The designated primary caregiver shall:

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

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     (2) Possess, in combination with and as agent for the qualifying patient, no more

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marijuana than is reasonably necessary for the patient’s personal, medical use, not exceeding the

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amount necessary for a sixty (60) day supply; and

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     (3) Present a copy of the qualifying patient’s valid documentation required by this

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chapter, as well as evidence of designation to act as primary caregiver by the patient, to any law

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enforcement official requesting such information;

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     (4) Be prohibited for consuming marijuana obtained for the personal, medical use of the

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patient for whom the individual is acting as primary caregiver; and

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     (5) Be the primary caregiver to only one patient at any one time.

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     5-37.5-6. Forfeiture and seizure prohibited. -- (a) The possession or manufacture of

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medical marijuana as authorized by this chapter shall not result in the forfeiture or seizure of any

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property. Any marijuana seized by state or local law enforcement officials from a patient or

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primary caregiver, in connection with the claimed medical use of marijuana, shall be returned

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immediately upon the determination that the patient or primary caregiver is entitled to the

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protection provided by this chapter.

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     (b) No person shall be prosecuted for constructive possession, conspiracy, or any other

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criminal offense solely for being in the presence or vicinity of medical marijuana or its use as

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authorized by this chapter.

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     5-37.5-7. Limitations of chapter. -- (a) Nothing in this chapter requires any health

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insurance provider to be liable for any claim for reimbursement for the medical use of marijuana.

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     (b) Nothing in this chapter requires any physician to authorize the use of medical

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marijuana for a patient.

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     (c) Nothing in this chapter requires any accommodation of any medical use of marijuana

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in any place of employment, in any school bus or on any school grounds, or in any youth center.

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     (d) No person shall be entitled to engage in the medical use of marijuana in a way that

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endangers the health or well-being of any person through the use of a motorized vehicle on a

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street, road, or highway.

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     5-37.5-8. Criminal offenses. -- (a) Notwithstanding the provisions of this chapter, any

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person who medically uses or displays marijuana in a manner or place which is open to the view

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of the general public shall be guilty of a misdemeanor and subject to a fine of up to one thousand

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dollars ($1,000).

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     (b) Any person who fraudulently produces any record purporting to be, or tampers with

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the content of any record for the purpose of having it adopted as, valid documentation under this

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chapter shall be guilty of a misdemeanor and subject to a fine of up to one thousand dollars

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($1,000) and/or imprisonment for up to one (1) year.

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     5-37.5-9. Addition to list of medical conditions. -- The Rhode Island board of medical

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licensure and discipline shall, in accordance with the Administrative Procedures Act, chapter 35

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of title 42, accept for consideration petitions to add to the list of terminal or debilitating medical

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conditions qualifying under this chapter.

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     5-37.5-10. Construction of chapter. -- Nothing in this chapter shall be construed to

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supersede state law prohibiting the acquisition, possession, manufacture, sale, or use of marijuana

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for nonmedical purposes.

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     5-37.5-11. Severability. -- If any provision of this act or its application to any person or

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circumstance is held invalid, the remainder of the act or the application of the provision to other

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persons or circumstances is not affected.

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     SECTION 2. This act shall take effect upon passage.

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LC01494

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS

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     This act would authorize the use of marijuana for medical purposes only.

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     This act would take effect upon passage.

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LC01494

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