On page 1, line 1, of the Introduced bill, delete "prohibit cardholder cultivation of " and insert "revise provisions regarding "
On the Introduced bill, delete everything after the enacting clause and insert:
"
Section 1. That § 34-20G-51 be AMENDED:
34-20G-51.
Except as provided
in § 34-20G-18
and this section, a
person may assert the medical purpose for using cannabis as a it
is an affirmative defense
to any prosecution involving
for using or possessing cannabis,
and such affirmative
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;
(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.
(1) The person is a qualifying patient and the person is not in physical possession of the registry identification card, the person was registered with the department as a cardholder or nonresident cardholder at the time of the alleged offense;
(2) The person is a designated caregiver, the person was registered with the department and in physical possession of the registry identification card at the time of the alleged offense or produces the registry identification card to law enforcement within forty-eight hours of the alleged offense; and
(3) The conduct underlying the alleged offense complied with this chapter
Section 2. That § 34-20G-8 be REPEALED:
No
dispensary or a dispensary agent is subject to prosecution, search,
or inspection, except by the department pursuant to § 34-20G-69,
seizure, or penalty in any manner; or may be denied any right or
privilege, including civil penalty or disciplinary action by a court
or business licensing board or entity, for acting in accordance with
this chapter to:
(1) Possess,
transport, or store cannabis or cannabis products;
(2) Deliver,
transfer, or transport cannabis to a testing facility and compensate
a testing facility for services provided;
(3) Accept
cannabis offered by a cardholder or nonresident cardholder if nothing
of value is exchanged in return;
(4) Purchase
or otherwise acquire cannabis from a cultivation facility or
dispensary, and cannabis products from cannabis product manufacturing
facility or dispensary; and
(5) Deliver,
sell, supply, transfer, or transport cannabis, cannabis products,
cannabis paraphernalia, or related supplies or educational materials
to a cardholder, nonresident cardholder, or dispensary.
Section 3. That § 34-20G-9 be REPEALED:
No
cultivation facility or a cultivation facility agent is subject to
prosecution, search, or inspection, except by the department pursuant
to § 34-20G-69,
seizure, or penalty of any kind, or may be denied any right or
privilege, including civil penalty or disciplinary action by a court
or business licensing board or entity, for acting in accordance with
this chapter to:
(1) Possess,
plant, propagate, cultivate, grow, harvest, produce, process,
manufacture, compound, convert, prepare, pack, repack, or store
cannabis;
(2) Deliver,
transfer, or transport cannabis to a testing facility and compensate
a testing facility for services provided;
(3) Accept
cannabis offered by a cardholder or nonresident cardholder if nothing
of value is exchanged in return;
(4) Purchase
or otherwise acquire cannabis from a cultivation facility;
(5) Purchase
cannabis seeds from a cardholder, nonresident cardholder, or the
equivalent of a medical cannabis establishment that is registered in
another jurisdiction; or
(6) Deliver,
sell, supply, transfer, or transport cannabis, cannabis
paraphernalia, or related supplies or educational materials to a
cultivation facility and dispensary.
Section 4. That § 34-20G-10 be REPEALED:
No
cannabis product manufacturing facility or a cannabis product
manufacturing facility agent is subject to prosecution, search, or
inspection, except by the department pursuant to § 34-20G-69,
seizure, or penalty of any kind, or may be denied any right or
privilege, including civil penalty or disciplinary action by a court
or business licensing board or entity, for acting in accordance with
this chapter to:
(1) Purchase
or otherwise acquire cannabis from cultivation facility, and cannabis
products or cannabis from a cannabis product manufacturing facility;
(2) Possess,
produce, process, manufacture, compound, convert, prepare, pack,
repack, and store cannabis or cannabis products;
(3) Deliver,
transfer, or transport cannabis, cannabis products, cannabis
paraphernalia, or related supplies or educational materials to a
dispensary or cannabis product manufacturing facility;
(4) Deliver,
transfer, or transport cannabis to testing facility and compensate
testing facility for services provided; or
(5) Deliver,
sell, supply, transfer, or transport cannabis, cannabis products,
cannabis paraphernalia, or related supplies or educational materials
to a cannabis product manufacturing facility or dispensary.
Section 5. That § 34-20G-11 be REPEALED:
No
testing facility or testing facility agent is subject to prosecution,
search, or inspection, except by the department pursuant to
§ 34-20G-69,
seizure, or penalty in any manner, or may be denied any right or
privilege, including civil penalty or disciplinary action by a court
or business licensing board or entity, for acting in accordance with
this chapter to:
(1) Acquire,
possess, transport, and store cannabis or cannabis products obtained
from a cardholder, nonresident cardholder or medical cannabis
establishment;
(2) Return
the cannabis or cannabis products to a cardholder, nonresident
cardholder, or medical cannabis establishment from whom it was
obtained;
(3) Test
cannabis, including for potency, pesticides, mold, or contaminants;
or
(4) Receive
compensation for services under this section.
Section 6. That § 34-20G-53 be REPEALED:
A
person is not required to possess a registry identification card to
raise the affirmative defense set forth in § 34-20G-51."