On page 3, line 24, of the House bill, delete " 34-20G-95" and insert " 34-20G-17"
On page 3, line 24, of the House bill, after "inclusive," insert " §§ 34-20G-19 to 34-20G-50, inclusive, and §§ 34-20G-52 to 34-20G-95, inclusive,"
On page 5, after line 5, of the House bill, insert "
Section 5. That § 34-20G-51 be AMENDED.
34-20G-51. [Effective July 1, 2021] Medical purpose defense to prosecution involving cannabis.
Except as provided in § 34-20G-18 and this section, a person may assert the medical purpose for using cannabis as a defense to any prosecution involving cannabis, and such defense is presumed valid where the evidence shows that:
(1) A practitioner has stated that, in the practitioner's professional opinion, after having completed a full assessment of the person's medical history and current medical condition made in the course of a bona fide practitioner-patient relationship, the patient has a debilitating medical condition and the potential benefits of using cannabis for medical purposes would likely outweigh the health risks for the person;
(2) The
person was in possession of no more than
three ounces of cannabis, the amount of cannabis products allowed by
department rules, six cannabis plants minimum or as prescribed by a
physician, and the cannabis produced by those plants;:
(a) Three ounces of cannabis;
(b) A quantity of cannabis products containing no more than twenty-four grams of cannabis concentrate or a greater amount if allowed by department rules;
(c) Six cannabis plants kept in or on the grounds of a single residence at one time and any cannabis produced by those six plants provided that the cannabis is located at the same property where the plants were cultivated; or
(d) Any combination of subsections (a), (b), or (c);
(3) The person was engaged in the acquisition, possession, use, manufacture, cultivation, or transportation of cannabis, paraphernalia, or both, relating to the administration of cannabis to treat or alleviate the person's debilitating medical condition or symptoms associated with the person's debilitating medical condition; and
(4) Any cultivation of cannabis and storage of more than three ounces of cannabis occurred in a secure location that only the person asserting the defense could access.
"