2018 -- H 7899

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LC004742

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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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: February 28, 2018

     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 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 the medical use of

marijuana; provided, that the qualifying patient 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 to be set by regulations promulgated by the departments of health

and business regulation. Said plants shall be stored in an indoor facility.

     (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 marijuana; provided

that the authorized purchaser possesses an amount of marijuana that does not exceed two and

one-half (2.5) ounces of usable marijuana, or its equivalent amount, and this 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, 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) 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 marijuana or was impaired on the premises of the place of

employment or during the hours of employment.

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

otherwise penalize, a person solely for his or her because of their 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.

     (e)(f) 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'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 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.

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

unusable marijuana, including up to twelve (12) seedlings that are accompanied by valid medical

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marijuana tags. A primary caregiver cardholder shall be allowed to possess a reasonable amount

of unusable marijuana, including up to twenty-four (24) seedlings 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.

     (g)(h) 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.

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

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

constitute sale of controlled substances.

     (i)(j) 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 (e), if:

     (1) The primary caregiver cardholder cultivated the marijuana pursuant to this chapter,

not to exceed the limits of subsection (e); 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).

     (j)(k) 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.

     (k)(l) 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.

     (l)(m) 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

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.

     (m)(n) A practitioner, nurse, nurse practitioner, physician's assistant, 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.

     (n)(o) 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.

     (o)(p) Notwithstanding the provisions of § 21-28.6-4(e), 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 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's registration process.

     (p)(q) 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 § 21-28.6-4.

     (q)(r) 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 health. Except for compassion centers, 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 health shall promulgate regulations to enforce this provision.

     (r)(s) 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

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substance.

     (s)(t) 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.

     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:

     21-28.6-18. 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 attorneys' fees in an amount to be fixed by the court.

     21-28.6-19. 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

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

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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 (testing of prospective employees) subject to the protections

of this act.

     This act would take effect upon passage.

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