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2013 -- H 5437 | |
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LC01252 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2013 | |
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A N A C T | |
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RELATING TO FOOD AND DRUGS -- MEDICAL MARIJUANA ACT | |
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Introduced By: Representatives O`Neill, Lombardi, Craven, Hull, and Tomasso | |
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Date Introduced: February 13, 2013 | |
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Referred To: House Judiciary | |
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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. -- (a) A qualifying patient |
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who has in his or her possession a registry identification card shall not be subject to arrest, |
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prosecution, or penalty in any manner, or denied any right or privilege, including but not limited |
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to, civil penalty or disciplinary action by a business or occupational or professional licensing |
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board or bureau, for the medical use of marijuana; provided, that the qualifying patient possesses |
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an amount of marijuana that does not exceed twelve (12) mature marijuana plants and two and |
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one-half (2.5) ounces of usable marijuana. Said plants shall be stored in an indoor facility. |
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(b) A registered qualifying patient, 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 |
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business or occupational or professional licensing board or bureau, for selling, giving, or |
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distributing marijuana of the type and in an amount not to exceed that set forth in subsection (a) |
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above, that he or she has cultivated or manufactured pursuant to this chapter, to a registered |
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compassion center. |
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(c) No school, employer or landlord may refuse to enroll, employ or lease to or otherwise |
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penalize a person solely for his or her status as a cardholder |
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safety concerns for other tenants, the property and the public as a whole, a landlord shall have the |
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discretion not to lease or rent to a cardholder who cultivates or manufactures marijuana in the |
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leased or rented premises. |
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(d) A primary caregiver, 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 |
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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, for assisting a qualifying patient to whom |
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he or she is connected through the department's registration process with the medical use of |
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marijuana; provided, that the primary caregiver possesses an amount of marijuana which does not |
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exceed twelve (12) mature marijuana plants and two and one-half (2.5) ounces of usable |
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marijuana for each qualifying patient to whom he or she is connected through the department's |
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registration process. |
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(e) Registered primary caregivers and registered qualifying patients shall be allowed to |
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possess a reasonable amount of unusable marijuana, including up to twelve (12) seedlings, which |
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shall not be counted toward the limits in this section. |
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(f) There shall exist a presumption that a qualifying patient or primary caregiver is |
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engaged in the medical use of marijuana if the qualifying patient or primary caregiver: |
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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 |
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marijuana was not for the purpose of alleviating the qualifying patient's debilitating medical |
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condition or symptoms associated with the medical condition. |
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(g) A primary caregiver may receive reimbursement for costs associated with assisting a |
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registered qualifying patient's medical use of marijuana. Compensation shall not constitute sale of |
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controlled substances. |
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(h) A natural person registered as a primary caregiver who has in his or her possession a |
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registry identification card 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 a |
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business or occupational or professional licensing board or bureau, for selling, giving, or |
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distributing marijuana, of the type and in an amount not to exceed that set forth in subsection (d) |
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above, to a registered compassion center if: |
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(1) The registered natural person primary caregiver cultivated the marijuana pursuant to |
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this chapter, not to exceed the limits of paragraph (d) above; and |
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(2) Each qualified patient the caregiver is connected with through the department's |
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registration process has been provided an adequate amount of the marijuana to meet his or her |
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medical needs, not to exceed the limits of subsection (a) above. |
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(i) 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 by any other business or |
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occupational or professional licensing board or bureau solely for providing written certifications |
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or for otherwise stating that, in the practitioner's professional opinion, the potential benefits of the |
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medical marijuana would likely outweigh the health risks for a patient. |
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(j) Any interest in or right to property that is possessed, owned, or used in connection |
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with the medical use of marijuana, or acts incidental to such use, shall not be forfeited. |
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(k) 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 |
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assisting a registered qualifying patient with using or administering marijuana. |
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(l) A practitioner nurse or pharmacist shall not be subject to arrest, prosecution or |
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penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty |
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or disciplinary action by a business or occupational or professional licensing board or bureau |
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solely for discussing the benefits or health risks of medical marijuana or its interaction with other |
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substances with a patient. |
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(m) A registry identification card, or its equivalent, issued under the laws of another |
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state, U.S. territory, or the District of Columbia to permit the medical use of marijuana by a |
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patient with a debilitating medical condition, or to permit a person to assist with the medical use |
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of marijuana by a patient with a debilitating medical condition, shall have the same force and |
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effect as a registry identification card issued by the department. |
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(n) Notwithstanding the provisions of subsection 21-28.6-4(d) or subsection 21-28.6- |
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4(e), no primary caregiver other than a compassion center shall possess an amount of marijuana |
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in excess of twenty-four (24) marijuana plants and five (5) ounces of usable marijuana for |
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qualifying patients to whom he or she is connected through the department's registration process. |
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(o) A registered qualifying patient or registered primary caregiver may give marijuana to |
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another registered qualifying patient or registered primary caregiver to whom they are not |
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connected by the department's registration process, provided that no consideration is paid for the |
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marijuana, and that the recipient does not exceed the limits specified in section 21-28.6-4. |
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(p) For the purposes of medical care, including organ transplants, a registered qualifying |
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patient's authorized use of marijuana shall be considered the equivalent of the authorized use of |
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any other medication used at the direction of a physician, and shall not constitute the use of an |
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illicit substance. |
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SECTION 2. This act shall take effect upon passage. |
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LC01252 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO FOOD AND DRUGS -- MEDICAL MARIJUANA ACT | |
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This act would give landlords the discretion not to lease or rent to a cardholder who |
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cultivates or manufactures marijuana in the leased or rented premises. |
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This act would take effect upon passage. |
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LC01252 | |
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