2020 -- S 2257 | |
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LC003608 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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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 | |
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Introduced By: Senators Euer, Miller, Goldin, Lawson, and Satchell | |
Date Introduced: February 04, 2020 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 21-28.6-4 of the General Laws in Chapter 21-28.6 entitled "The |
2 | Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act" is hereby amended to read as |
3 | follows: |
4 | 21-28.6-4. Protections for the medical use of marijuana. |
5 | (a) A qualifying patient cardholder who has in his or her possession a registry |
6 | identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied |
7 | any right or privilege, including, but not limited to, civil penalty or disciplinary action by a |
8 | business or occupational or professional licensing board or bureau, solely for the medical use of |
9 | medical marijuana; provided that the qualifying patient cardholder possesses an amount of |
10 | medical marijuana that does not exceed twelve (12) mature marijuana plants and twelve (12) |
11 | immature marijuana plants that are accompanied by valid medical marijuana plant tags, two and |
12 | one-half ounces (2.5 oz.) of dried medical marijuana, or its equivalent amount which satisfies the |
13 | requirements of this chapter, and an amount of wet medical marijuana to be set by regulations |
14 | promulgated by the department of business regulation. The plants shall be stored in an indoor |
15 | facility. Marijuana plants and the marijuana they produce shall only be grown, stored, |
16 | manufactured, and processed in accordance with regulations promulgated by the department of |
17 | business regulation; |
18 | (b) An authorized purchaser who has in his or her possession a registry identification card |
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1 | shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or |
2 | privilege, including, but not limited to, civil penalty or disciplinary action by a business or |
3 | occupational or professional licensing board or bureau, for the possession of medical marijuana; |
4 | provided that the authorized purchaser possesses an amount of medical marijuana that does not |
5 | exceed two and one-half (2.5) ounces of usable marijuana, or its equivalent amount, and this |
6 | medical marijuana was purchased legally from a compassion center for the use of their designated |
7 | qualifying patient. |
8 | (c) A qualifying patient cardholder, who has in his or her possession a registry |
9 | identification card, shall not be subject to arrest, prosecution, or penalty in any manner, or denied |
10 | any right or privilege, including, but not limited to, civil penalty or disciplinary action by a |
11 | business or occupational or professional licensing board or bureau, for selling, giving, or |
12 | distributing, on or before December 31, 2016, to a compassion center cardholder, medical |
13 | marijuana of the type and in an amount not to exceed that set forth in subsection (a) that he or she |
14 | has cultivated or manufactured pursuant to this chapter. |
15 | (d) No school or landlord may refuse to enroll, or lease to, or otherwise penalize, a person |
16 | solely for because of his or her status as a cardholder or lawful user of medical marijuana under |
17 | this chapter. Provided, however, due to the safety and welfare concern for other tenants, the |
18 | property, and the public, as a whole, a landlord may have the discretion not to lease, or continue |
19 | to lease, to a cardholder who cultivates, manufactures, processes, smokes, or vaporizes medical |
20 | marijuana in the leased premises. |
21 | (e) No employer may refuse to employ, or otherwise penalize, a person solely for because |
22 | of his or her status as a cardholder or lawful user of medical marijuana under this chapter, except: |
23 | (1) To the extent employer action is taken with respect to such person's: |
24 | (i) Use or possession of marijuana or being under the influence of marijuana in any |
25 | workplace; |
26 | (ii) Undertaking a task under the influence of marijuana when doing so would constitute |
27 | negligence or professional malpractice or jeopardize workplace safety; |
28 | (iii) Operation, navigation, or actual physical control of any motor vehicle or other |
29 | transport vehicle, aircraft, motorboat, machinery or equipment, or firearms while under the |
30 | influence of marijuana; or |
31 | (iv) Violation of employment conditions pursuant to the terms of a collective bargaining |
32 | agreement; or |
33 | (2) Where the employer is a federal contractor or otherwise subject to federal law such |
34 | that failure of the employer to take such action against the employee would cause the employer to |
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1 | lose a monetary or licensing related benefit. |
2 | (f) For purposes of subsections (d) and (e) of this section, a cardholder's positive drug test |
3 | for marijuana components or metabolites shall not by itself constitute evidence that the person is |
4 | under the influence of marijuana. |
5 | (f)(g) A primary caregiver cardholder, who has in his or her possession a registry |
6 | identification card, shall not be subject to arrest, prosecution, or penalty in any manner, or denied |
7 | any right or privilege, including, but not limited to, civil penalty or disciplinary action by a |
8 | business or occupational or professional licensing board or bureau, for assisting a patient |
9 | cardholder, to whom he or she is connected through the department of health or department of |
10 | business regulation's registration process, with the medical use of medical marijuana; provided, |
11 | that the primary caregiver cardholder possesses an amount of marijuana that does not exceed |
12 | twelve (12) mature marijuana plants that are accompanied by valid medical marijuana tags, two |
13 | and one-half (2.5) ounces of usable marijuana, or its equivalent amount, and an amount of wet |
14 | marijuana set in regulations promulgated by the departments of health and business regulation for |
15 | each qualified patient cardholder to whom he or she is connected through the department of |
16 | health's registration process. |
17 | (g)(h) A qualifying patient cardholder shall be allowed to possess a reasonable amount of |
18 | unusable marijuana, including up to twelve (12) immature marijuana plants that are accompanied |
19 | by valid medical marijuana tags. A primary caregiver cardholder shall be allowed to possess a |
20 | reasonable amount of unusable marijuana, including up to twenty-four (24) immature marijuana |
21 | plants that are accompanied by valid medical marijuana tags and an amount of wet marijuana set |
22 | in regulations promulgated by the departments of health and business regulation. |
23 | (h)(i) There shall exist a presumption that a cardholder is engaged in the medical use of |
24 | marijuana if the cardholder: |
25 | (1) Is in possession of a registry identification card; and |
26 | (2) Is in possession of an amount of marijuana that does not exceed the amount permitted |
27 | under this chapter. Such presumption may be rebutted by evidence that conduct related to |
28 | marijuana was not for the purpose of alleviating the qualifying patient's debilitating medical |
29 | condition or symptoms associated with the medical condition. |
30 | (i)(j) A primary caregiver cardholder may receive reimbursement for costs associated |
31 | with assisting a qualifying patient cardholder's medical use of marijuana. A primary caregiver |
32 | cardholder may only receive reimbursement for the actual costs of goods, materials, services or |
33 | utilities for which they have incurred expenses. A primary caregiver may not receive |
34 | reimbursement or compensation for his or her time, knowledge, or expertise. Compensation shall |
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1 | not constitute sale of controlled substances under state law. The department of business regulation |
2 | may promulgate regulations for the documentation and tracking of reimbursements and the |
3 | transfer of medical marijuana between primary caregivers and their registered patients. |
4 | (j)(k) A primary caregiver cardholder, who has in his or her possession a registry |
5 | identification card, shall not be subject to arrest, prosecution, or penalty in any manner, or denied |
6 | any right or privilege, including, but not limited to, civil penalty or disciplinary action by a |
7 | business or occupational or professional licensing board or bureau, for selling, giving, or |
8 | distributing, on or before December 31, 2016, to a compassion center cardholder, marijuana, of |
9 | the type, and in an amount not to exceed that set forth in subsection (f)(g) of this section, if: |
10 | (1) The primary caregiver cardholder cultivated the marijuana pursuant to this chapter, |
11 | not to exceed the limits of subsection (f)(g) of this section; and |
12 | (2) Each qualifying patient cardholder the primary caregiver cardholder is connected with |
13 | through the department of health's registration process has been provided an adequate amount of |
14 | the marijuana to meet his or her medical needs, not to exceed the limits of subsection (a). |
15 | (k)(l) A practitioner shall not be subject to arrest, prosecution, or penalty in any manner, |
16 | or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action |
17 | by the Rhode Island board of medical licensure and discipline, or an employer or occupational or |
18 | professional licensing board or bureau solely for providing written certifications in accordance |
19 | with this chapter and regulations promulgated by the department of health, or for otherwise |
20 | stating that, in the practitioner's professional opinion, the potential benefits of the medical |
21 | marijuana would likely outweigh the health risks for a patient. |
22 | (l)(m) Any interest in, or right to, property that is possessed, owned, or used in |
23 | connection with the lawful medical use of marijuana, or acts incidental to such use, shall not be |
24 | forfeited. |
25 | (m)(n) No person shall be subject to arrest or prosecution for constructive possession, |
26 | conspiracy, aiding and abetting, being an accessory, or any other offense, for simply being in the |
27 | presence or vicinity of the medical use of marijuana as permitted under this chapter, or for |
28 | assisting a qualifying patient cardholder with using or administering marijuana. |
29 | (n)(o) A practitioner, licensed with authority to prescribe drugs pursuant to chapters 34, |
30 | 37, and 54 of title 5, or pharmacist, licensed under chapter 19.1 of title 5, or certified school nurse |
31 | teacher, shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right |
32 | or privilege, including, but not limited to, civil penalty or disciplinary action by an employer or |
33 | occupational or professional licensing board or bureau solely for: (1) Discussing the benefits or |
34 | health risks of medical marijuana or its interaction with other substances with a patient; or |
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1 | (2) Administering a non-smokable and non-vaporized form of medical marijuana in a |
2 | school setting to a qualified patient registered in accordance with this chapter. |
3 | (o)(p) A qualifying patient or primary caregiver registry identification card, or its |
4 | equivalent, issued under the laws of another state, U.S. territory, or the District of Columbia, to |
5 | permit the medical use of marijuana by a patient with a debilitating medical condition, or to |
6 | permit a person to assist with the medical use of marijuana by a patient with a debilitating |
7 | medical condition, shall have the same force and effect as a registry identification card. |
8 | (p)(q) Notwithstanding the provisions of subsection (f)(g) of this section, no primary |
9 | caregiver cardholder shall possess an amount of marijuana in excess of twenty-four (24) mature |
10 | marijuana plants that are accompanied by valid medical marijuana tags and five (5) ounces of |
11 | usable marijuana, or its equivalent, and an amount of wet medical marijuana set in regulations |
12 | promulgated by the departments of health and business regulation for patient cardholders to |
13 | whom he or she is connected through the department of health and/or department of business |
14 | regulation registration process. |
15 | (q)(r) A qualifying patient or primary caregiver cardholder may give marijuana to another |
16 | qualifying patient or primary caregiver cardholder to whom they are not connected by the |
17 | department's registration process, provided that no consideration is paid for the marijuana, and |
18 | that the recipient does not exceed the limits specified in this section. |
19 | (r)(s) Qualifying patient cardholders and primary caregiver cardholders electing to grow |
20 | marijuana shall only grow at one premises, and this premises shall be registered with the |
21 | department of business regulation. Except for licensed compassion centers, and licensed |
22 | cooperative cultivations, and licensed cultivators, no more than twenty-four (24) mature |
23 | marijuana plants that are accompanied by valid medical marijuana tags shall be grown or |
24 | otherwise located at any one dwelling unit or commercial unit. The number of qualifying patients |
25 | or primary caregivers residing, owning, renting, growing, or otherwise operating at a dwelling or |
26 | commercial unit does not affect this limit. The department of business regulation shall promulgate |
27 | regulations to enforce this provision. |
28 | (s)(t) For the purposes of medical care, including organ transplants, a patient cardholder's |
29 | authorized use of marijuana shall be considered the equivalent of the authorized use of any other |
30 | medication used at the direction of a physician, and shall not constitute the use of an illicit |
31 | substance. |
32 | (t)(u) Notwithstanding any other provisions of the general laws, the manufacture of |
33 | marijuana using a solvent extraction process that includes the use of a compressed, flammable gas |
34 | as a solvent by a patient cardholder or primary caregiver cardholder shall not be subject to the |
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1 | protections of this chapter. |
2 | (u)(v) Notwithstanding any provisions to the contrary, nothing in this chapter or the |
3 | general laws shall restrict or otherwise affect the manufacturing, distribution, transportation, sale, |
4 | prescribing, and dispensing of a product that has been approved for marketing as a prescription |
5 | medication by the U.S. Food and Drug Administration and legally prescribed, nor shall hemp, in |
6 | accordance with chapter 26 of title 2, be defined as marijuana or marihuana pursuant to this |
7 | chapter, chapter 28 of this title or elsewhere in the general laws. |
8 | SECTION 2. Chapter 21-28.6 of the General Laws entitled "The Edward O. Hawkins and |
9 | Thomas C. Slater Medical Marijuana Act" is hereby amended by adding thereto the following |
10 | section: |
11 | 21-28.6-19. Civil liability. |
12 | A person whose rights under § 21-28.6-4 have been violated may commence a civil |
13 | action for injunctive and other appropriate equitable relief, and for the award of compensatory |
14 | and exemplary damages, within three (3) years after the occurrence of the alleged violation of this |
15 | chapter. An aggrieved person who prevails in an action authorized by this section, in addition to |
16 | other relief, is entitled to an award of costs of the litigation and reasonable attorneys' fees in an |
17 | amount to be fixed by the court. |
18 | SECTION 3. Section 28-6.5-2 of the General Laws in Chapter 28-6.5 entitled "Urine and |
19 | Blood Tests as a Condition of Employment" is hereby amended to read as follows: |
20 | 28-6.5-2. Testing of prospective employees. |
21 | (a) Except as provided in subsections (b) and (c) of this section, an employer may require |
22 | a job applicant to submit to testing of his or her blood, urine or any other bodily fluid or tissue if: |
23 | (1) The job applicant has been given an offer of employment conditioned on the |
24 | applicant's receiving a negative test result; |
25 | (2) The applicant provides the test sample in private, outside the presence of any person; |
26 | and |
27 | (3) Positive tests of urine, blood, or any other bodily fluid or tissue are confirmed by a |
28 | federal certified laboratory by means of gas chromatography/mass spectrometry or technology |
29 | recognized as being at least as scientifically accurate. |
30 | (b) The pre-employment drug testing authorized by this section shall not extend to job |
31 | applicants for positions with any agency or political subdivision of the state or municipalities, |
32 | except for applicants seeking employment as a law enforcement or correctional officer, |
33 | firefighter, or any other position where that testing is required by federal law or required for the |
34 | continued receipt of federal funds. |
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1 | (c) An employer shall not be required to comply with the conditions of testing under |
2 | subsection (a) of this section to the extent they are inconsistent with federal law. |
3 | (d) Any testing authorized by this chapter shall be subject to the provisions of § 21-28.6- |
4 | 4. |
5 | SECTION 4. This act shall take effect upon passage. |
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LC003608 | |
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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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1 | This act would expand the criminal and civil protections to lawful users of medical |
2 | marijuana. This act would also provide for civil damages to be imposed upon violators of these |
3 | protections. |
4 | This act would take effect upon passage. |
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LC003608 | |
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