§ 21-28.11-22. Personal use of cannabis.
(a) Notwithstanding any other general or special law to the contrary, except as otherwise provided in this chapter, a person twenty-one (21) years of age or older shall not be arrested, prosecuted, penalized, sanctioned or disqualified under the laws of the state in any manner, or denied any right or privilege and shall not be subject to seizure or forfeiture of assets for:
(1) Possessing, using, purchasing from a licensed cannabis retailer, or processing one ounce (1 oz.) or less of cannabis, or the equivalent amount in the form of cannabis concentrate;
(2) Within any residence, possessing, cultivating or processing not more than a total of three (3) mature cannabis plants and up to a total of three (3) immature cannabis plants per dwelling unit for personal use and as long as all security requirements as promulgated by the commission are complied with. These limits shall apply no matter how many persons reside at the premises;
(3) Within the person’s primary residence, possessing up to ten ounces (10 oz.) total of cannabis per resident, in addition to any live cannabis plants lawfully kept on the premises in compliance with subsection (a)(2) of this section, as long as all security requirements as promulgated by the commission are complied with;
(4) Assisting another person who is twenty-one (21) years of age or older in any of the acts described in this section; or
(5) Giving away or otherwise transferring without remuneration up to one ounce (1 oz.) of cannabis, or the equivalent amount in the form of cannabis concentrate, to a person twenty-one (21) years of age or older, as long as the transfer is not advertised or promoted to the public.
(b) Notwithstanding any other general or special law to the contrary, except as otherwise provided in this chapter, a person shall not be arrested, prosecuted, penalized, sanctioned or otherwise denied any benefit and shall not be subject to seizure or forfeiture of assets for allowing property the person owns, occupies or manages to be used for any of the activities conducted lawfully under this chapter or for enrolling or employing a person who engages in cannabis-related activities lawfully under this chapter.
(c) Absent clear and convincing evidence that the person’s actions related to cannabis have created an unreasonable danger to the safety of a minor child, neither the presence of cannabinoid components or metabolites in a person’s bodily fluids nor conduct permitted under this chapter related to the possession, consumption, transfer, cultivation, manufacture or sale of cannabis, cannabis products or cannabis accessories by a person charged with the well-being of a child shall form the sole or primary basis for substantiation, service plans, removal or termination or for denial of custody, visitation or any other parental right or responsibility.
(d) The use of cannabis shall not disqualify a person from any needed medical procedure or treatment, including organ and tissue transplants.
(e) Nothing contained within this chapter or chapter 28.6 of this title shall be construed as authorizing the smoking or vaporizing of cannabis in any public place. The smoking or vaporizing of cannabis is prohibited in any public place that prohibits the smoking or vaporizing of tobacco products as well as any place that prohibits the smoking or vaporizing of cannabis including by rule, regulation, or by local ordinance.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective
May 25, 2022.