2016 -- H 7807

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LC005194

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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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: Representative Scott Slater

     Date Introduced: March 02, 2016

     Referred To: House 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 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 the medical use of marijuana; provided, that the patient cardholder possesses

an amount of marijuana that does not exceed twelve (12) mature marijuana plants and two and

one-half (2.5) ounces of usable marijuana. Said plants shall be stored in an indoor facility.

      (b) A 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

marijuana of the type, and in an amount not to exceed, that set forth in subsection (a) above, that

he or she has cultivated or manufactured pursuant to this chapter, to a compassion center

cardholder.

      (c) No school, employer, or landlord may refuse to enroll, employ, or lease to, or

otherwise penalize, a person solely for because his or her status as a cardholder. 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 marijuana in the leased premises.

     (d) It shall be unlawful for any employer to refuse to hire, discharge, or otherwise

discriminate against a person with respect to any terms, conditions or privileges of employment,

or any other matter directly or indirectly related to employment because of their status as a

cardholder, including because of a positive drug test for marijuana components or metabolites,

unless the patient cardholder possessed or was impaired on the premises of the place of

employment or during the hours of employment.

      (d)(e) 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's registration process, with

the medical use of marijuana; provided, that the primary caregiver cardholder possesses an

amount of marijuana that does not exceed twelve (12) mature marijuana plants and two and one-

half (2.5) ounces of usable marijuana for each patient cardholder to whom he or she is connected

through the department's registration process.

      (e)(f) A cardholder shall be allowed to possess a reasonable amount of unusable

marijuana, including up to twelve (12) seedlings, that shall not be counted toward the limits in

this section.

      (f)(g) 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.

      (g)(h) A primary caregiver cardholder may receive reimbursement for costs associated

with assisting a patient cardholder's medical use of marijuana. Compensation shall not constitute

sale of controlled substances.

      (h)(i) A natural person 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,

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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 marijuana, of the type, and in an amount not to exceed that, set forth in subsection (d)

above, to a compassion center cardholder if:

      (1) The natural person primary caregiver cardholder cultivated the marijuana pursuant to

this chapter, not to exceed the limits of paragraph (d) above; and

      (2) Each patient cardholder the caregiver cardholder is connected with through the

department'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) above.

      (i)(j) 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 by any other business or

occupational or professional licensing board or bureau solely for providing written certifications,

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.

      (j)(k) Any interest in, or right to, property that is possessed, owned, or used in

connection with the medical use of marijuana, or acts incidental to such use, shall not be

forfeited.

      (k)(l) 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 patient cardholder with using or administering marijuana.

      (l)(m) A practitioner nurse or pharmacist 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 discussing the benefits or health risks of medical marijuana or its interaction with other

substances with a patient.

      (m)(n) A 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 issued by the department.

      (n)(o) Notwithstanding the provisions of § 21-28.6-4(d) or § 21-28.6-4(e), no primary

caregiver cardholder, other than a compassion center, shall possess an amount of marijuana in

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excess of twenty-four (24) marijuana plants and five (5) ounces of usable marijuana for patient

cardholders to whom he or she is connected through the department's registration process.

      (o)(p) A cardholder may give marijuana to another 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 § 21-28.6-4.

      (p)(q) 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.

     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

sections:

     21-28.6-15. Civil liability. -- A person whose rights under §21-18.6-4 have been violated

may commence a civil action for injunctive relief 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 the costs of the litigation and

reasonable attorney's fees in an amount to be fixed by the court.

     21-28.6-16. Medical marijuana -- State preemption. -- The regulation of medical

marijuana and compassion centers shall rest solely with the state, except as otherwise specifically

provided in this chapter.

     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

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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.

     (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 prohibit employers from refusing to hire, discharging or otherwise

discriminating against any individual on account of their medical use of marijuana and would

include situations where said employee tested positive for marijuana components. It would also

make drug testing under §28-6.5-2 subject to the protections of this act.

     This act would take effect upon passage.

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