§ 21-28.6-4 - Protections for the medical use of marijuana.
SECTION 21-28.6-4
§ 21-28.6-4 Protections for the medicaluse of marijuana. – (a) A qualifying patient who has in his or her possession a registryidentification card shall not be subject to arrest, prosecution, or penalty inany manner, or denied any right or privilege, including but not limited to,civil penalty or disciplinary action by a business or occupational orprofessional licensing board or bureau, for the medical use of marijuana;provided, that the qualifying patient possesses an amount of marijuana thatdoes not exceed twelve (12) mature marijuana plants and two and one-half (2.5)ounces of usable marijuana. Said plants shall be stored in an indoor facility.
(b) No school, employer or landlord may refuse to enroll,employ or lease to or otherwise penalize a person solely for his or her statusas a cardholder.
(c) A primary caregiver, who has in his or her possession, aregistry identification card shall not be subject to arrest, prosecution, orpenalty in any manner, or denied any right or privilege, including but notlimited to, civil penalty or disciplinary action by a business or occupationalor professional licensing board or bureau, for assisting a qualifying patientto whom he or she is connected through the department's registration processwith the medical use of marijuana; provided, that the primary caregiverpossesses an amount of marijuana which does not exceed twelve (12) maturemarijuana plants and two and one-half (2.5) ounces of usable marijuana for eachqualifying patient to whom he or she is connected through the department'sregistration process.
(d) Registered primary caregivers and registered qualifyingpatients shall be allowed to possess a reasonable amount of unusable marijuana,including up to twelve (12) seedlings, which shall not be counted toward thelimits in this section.
(e) There shall exist a presumption that a qualifying patientor primary caregiver is engaged in the medical use of marijuana if thequalifying patient or primary caregiver:
(1) Is in possession of a registry identification card; and
(2) Is in possession of an amount of marijuana that does notexceed the amount permitted under this chapter. Such presumption may berebutted by evidence that conduct related to marijuana was not for the purposeof alleviating the qualifying patient's debilitating medical condition orsymptoms associated with the medical condition.
(f) A primary caregiver may receive reimbursement for costsassociated with assisting a registered qualifying patient's medical use ofmarijuana. Compensation shall not constitute sale of controlled substances.
(g) 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 theRhode Island Board of Medical Licensure and Discipline or by any anotherbusiness or occupational or professional licensing board or bureau solely forproviding written certifications or for otherwise stating that, in thepractitioner's professional opinion, the potential benefits of the medicalmarijuana would likely outweigh the health risks for a patient.
(h) Any interest in or right to property that is possessed,owned, or used in connection with the medical use of marijuana, or actsincidental to such use, shall not be forfeited.
(i) No person shall be subject to arrest or prosecution forconstructive possession, conspiracy, aiding and abetting, being an accessory,or any other offense for simply being in the presence or vicinity of themedical use of marijuana as permitted under this chapter or for assisting aregistered qualifying patient with using or administering marijuana.
(j) A practitioner nurse or pharmacist shall not be subjectto arrest, prosecution or penalty in any manner, or denied any right orprivilege, including, but not limited to, civil penalty or disciplinary actionby a business or occupational or professional licensing board or bureau solelyfor discussing the benefits or health risks of medical marijuana or itsinteraction with other substances with a patient.
(k) A registry identification card, or its equivalent, issuedunder the laws of another state, U.S. territory, or the District of Columbia topermit the medical use of marijuana by a patient with a debilitating medicalcondition, or to permit a person to assist with the medical use of marijuana bya patient with a debilitating medical condition, shall have the same force andeffect as a registry identification card issued by the department.
(l) Notwithstanding the provisions of subsection 21-28.6-3(6)or subsection 21-28.6-4(c), no primary caregiver other than a compassion centershall possess an amount of marijuana in excess of twenty-four (24) marijuanaplants and five (5) ounces of usable marijuana for qualifying patients to whomhe or she is connected through the department's registration process.
(m) A registered qualifying patient or registered primarycaregiver may give marijuana to another registered qualifying patient orregistered primary caregiver to whom they are not connected by the department'sregistration 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.
(n) For the purposes of medical care, including organtransplants, a registered qualifying patient's authorized use of marijuanashall be considered the equivalent of the authorized use of any othermedication used at the direction of a physician, and shall not constitute theuse of an illicit substance.