2016 -- S 2113

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LC003859

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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: Senators Archambault, Satchell, Goldin, and Miller

     Date Introduced: January 21, 2016

     Referred To: Senate Judiciary

     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 patient cardholder

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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 patient cardholder 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 patient cardholder, 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 selling, giving, or distributing

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

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

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cardholder.

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

 

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otherwise penalize, a person solely for his or her status as a cardholder. Provided, however, due to

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the safety and welfare concern for other tenants, the property, and the public, as a whole, a

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landlord may have the discretion not to lease, or continue to lease, to a cardholder who cultivates

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marijuana in the leased premises.

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      (d) A primary caregiver cardholder, 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 assisting a patient

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cardholder, to whom he or she is connected through the department's registration process, with

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

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

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

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through the department's registration process.

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

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

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this section. A primary caregiver cardholder shall be allowed to possess a reasonable amount of

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unusable marijuana, including up to twelve (12) seedlings, that shall not be counted towards the

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limits in this section.

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

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marijuana if the cardholder:

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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 cardholder may receive reimbursement for costs associated with

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

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of controlled substances.

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      (h) A natural person primary caregiver cardholder, 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,

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

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by a 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 compassion center cardholder if:

 

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      (1) The natural person primary caregiver cardholder 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 patient cardholder the caregiver cardholder is connected with through the

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department's registration process has been provided an adequate amount of the marijuana to meet

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his or her 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 patient cardholder 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 § 21-28.6-4(d) or § 21-28.6-4(e), no primary

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

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

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

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

 

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      (p) For the purposes of medical care, including organ transplants, a patient cardholder's

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

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

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substance.

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     SECTION 2. 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

***

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     This act would allow a primary caregiver cardholder to possess a reasonable amount of

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unusable marijuana, including up to twelve (12) seedlings that would not be counted toward the

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limits provided by law.

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     This act would take effect upon passage.

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