Section 216-RICR-20-10-3.8 - Protections for the Medical Use of MarijuanaA. 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.B. 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.C. A 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 issued by the Department of Health pursuant to the Act and these Regulations.D. 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 substance.E. No state employee shall be subject to arrest, prosecution or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty, disciplinary action, termination, or loss of employee or pension benefits, for any and all conduct that occurs within the scope of his or her employment regarding the administration, execution and/or enforcement of the Act, and the provisions of R.I. Gen. Laws §§ 9-31-8 and 9-31-9 shall be applicable to § 3.8 of this Part.F. A patient cardholder or primary caregiver cardholder may give marijuana to another patient cardholder or primary caregiver cardholder to whom they are not connected by the Department of Health's registration process, provided that no consideration is paid for the marijuana, and that the recipient does not exceed the limits specified in § 3.4.5 of this Part.G. The manufacture of marijuana by a patient cardholder or primary caregiver cardholder using a solvent extraction process that includes the use of a compressed, flammable gas as a solvent shall not be subject to the protections specified by the Act and these Regulations.216 R.I. Code R. 216-RICR-20-10-3.8
Amended effective 8/16/2020