2019 -- H 5290

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LC000672

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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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 06, 2019

     Referred To: House 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.

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     (a) A qualifying patient 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 the medical use of

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

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does not exceed twelve (12) mature marijuana plants that are accompanied by valid medical

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marijuana tags, two and one-half (2.5) ounces of usable marijuana, or its equivalent amount, and

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an amount of wet marijuana to be set by regulations promulgated by the departments of health

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

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     (b) An authorized purchaser 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 the possession of marijuana; provided

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

 

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

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

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     (c) A qualifying patient 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 selling, giving, or

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distributing, on or before December 31, 2016, to a compassion center cardholder, marijuana of

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the type, and in an amount not to exceed, that set forth in subsection (a), that he or she has

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cultivated or manufactured pursuant to this chapter.

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

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

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

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

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

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employment or during the hours of employment.

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     (d)(e) 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 because of their status as a cardholder. Provided,

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however, due to the safety and welfare concern for other tenants, the property, and the public, as a

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

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cultivates marijuana in the leased premises.

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     (e)(f) 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 of health's registration

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process, with the medical use of marijuana; provided, that the primary caregiver cardholder

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

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are accompanied by valid medical marijuana tags, two and one-half (2.5) ounces of usable

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

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

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

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process.

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

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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

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of unusable marijuana, including up to twenty-four (24) seedlings that are accompanied by valid

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medical marijuana tags and an amount of wet marijuana set in regulations promulgated by the

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departments of health and business regulation.

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

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

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constitute sale of controlled substances.

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     (i)(j) 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 selling, giving, or

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distributing, on or before December 31, 2016, to a compassion center cardholder, marijuana, of

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the type, and in an amount not to exceed that set forth in subsection (e), if:

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

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

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

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

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

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     (j)(k) A practitioner 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 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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     (k)(l) 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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     (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

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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 qualifying patient cardholder with using or administering marijuana.

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

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37, and 54 of title 5, or pharmacist, licensed under chapter 19.1 of title 5, shall not be subject to

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arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not

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limited to, civil penalty or disciplinary action by a business or occupational or professional

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licensing board or bureau solely for discussing the benefits or health risks of medical marijuana

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or its interaction with other substances with a patient.

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     (n)(o) A qualifying patient or primary caregiver registry identification card, or its

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

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

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

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

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     (o)(p) Notwithstanding the provisions of subsection (e), no primary caregiver cardholder

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shall possess an amount of marijuana in excess of twenty-four (24) mature marijuana plants that

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are accompanied by valid medical marijuana tags and five (5) ounces of usable marijuana, or its

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equivalent, and an amount of wet marijuana set in regulations promulgated by the departments of

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health and business regulation for patient cardholders to whom he or she is connected through the

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department of health's registration process.

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

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

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

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

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

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

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department of health. Except for compassion centers, cooperative cultivations, and licensed

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cultivators, no more than twenty-four (24) mature marijuana plants that are accompanied by valid

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medical marijuana tags shall be grown or otherwise located at any one dwelling unit or

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

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

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limit. The department of health shall promulgate regulations to enforce this provision.

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

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

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

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protections of this chapter.

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     (t)(u) Notwithstanding any provisions to the contrary, nothing in this chapter or the

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general laws shall restrict or otherwise affect the manufacturing, distribution, transportation, sale,

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

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

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defined in § 2-26-3, be defined as marijuana or marihuana pursuant to this chapter, chapter 28 of

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this title or elsewhere in the general laws.

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

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

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sections:

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     21-28.6-18. Civil liability.

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     A person whose rights under § 21-18.6-4 have been violated may commence a civil

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

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compensatory and exemplary damages, within three (3) years after the occurrence of the alleged

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violation of this chapter. An aggrieved person who prevails in an action authorized by this

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section, in addition to other relief, is entitled to an award of the costs of the litigation and

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

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     21-28.6-19. Medical marijuana -- State preemption.

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     The regulation of medical marijuana and compassion centers shall rest solely with the

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state, except as otherwise specifically provided in this chapter.

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

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

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     28-6.5-2. Testing of prospective employees.

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

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

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

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applicant's receiving a negative test result;

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

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and

 

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

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

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recognized as being at least as scientifically accurate.

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     (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,

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

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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.

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

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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-

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4.

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     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

***

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     This act would prohibit employers from refusing to hire, discharging or otherwise

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

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

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make drug testing under § 28-6.5-2 (testing of prospective employees) subject to the protections

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of this act.

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     This act would take effect upon passage.

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