2021 -- S 0798

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LC000537

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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 Dawn M. Euer

     Date Introduced: April 08, 2021

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

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

follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

business regulation;

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

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

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

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

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

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

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

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

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

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

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

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

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

manufactured pursuant to this chapter.

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

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

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

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

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

marijuana in the leased premises.

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

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

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

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

workplace;

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

negligence or professional malpractice or jeopardize workplace safety;

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

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

influence of marijuana; or

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

agreement; or

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

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

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

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

under the influence of marijuana.

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

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

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

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

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

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

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

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

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

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

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

process.

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

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

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

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

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

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

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

marijuana if the cardholder:

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

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

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

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

symptoms associated with the medical condition.

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

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

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

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

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

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

of medical marijuana between primary caregivers and their registered patients.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

likely outweigh the health risks for a patient.

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

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

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

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

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

a qualifying patient cardholder with using or administering marijuana.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

registration process.

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

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

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

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

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

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

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

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

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

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

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

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

provision.

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

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

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

substance.

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

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

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

protections of this chapter.

     (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,

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

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

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

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

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

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

section:

     21-28.6-19. Civil liability.

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

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

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

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

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

amount to be fixed by the court.

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

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

     28-6.5-2. Testing of prospective employees.

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

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

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

receiving a negative test result;

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

and

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

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

recognized as being at least as scientifically accurate.

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

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

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

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

receipt of federal funds.

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

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.

     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

***

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

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

protections.

     This act would take effect upon passage.

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