Title 22, section 2383-B, subsection 5
Medical use of
marijuana; exemptions. The following provisions govern the medical use of
marijuana.
A.
Notwithstanding any other provision of law, a person who is at least 18
years of age may lawfully possess a usable amount of marijuana for medical
use if, at the time of that possession, the person has available an
authenticated copy of a medical record or other written documentation from
a physician, demonstrating that:
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(1)
The person has been diagnosed by a physician as suffering from one
or more of the following conditions:
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(a)
Persistent nausea, vomiting, wasting syndrome or loss of
appetite as a result of:
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(i)
Acquired immune deficiency syndrome or the
treatment thereof; or
(ii)
Chemotherapy or radiation therapy used to treat
cancer;
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(b)
Heightened intraocular pressure as a result of glaucoma;
(c)
Seizures associated with a chronic, debilitating disease,
such as epilepsy; or
(d)
Persistent muscle spasms associated with a chronic,
debilitating disease, such as multiple sclerosis;
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(2)
A physician, in the context of a bona fide physician-patient
relationship with the person:
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(a)
Has discussed with the person the possible health risks
and therapeutic or palliative benefits of the medical use
of marijuana to relieve pain or alleviate symptoms of the
person's condition, based on information known to the
physician, including, but not limited to, clinical studies
or anecdotal evidence reported in medical literature or
observations or information concerning the use of
marijuana by other patients with the same or similar
conditions;
(b)
Has provided the person with the physician's professional
opinion concerning the possible balance of risks and
benefits of the medical use of marijuana to relieve pain
or alleviate symptoms in the person's particular case; and
(c)
Has advised the person, on the basis of the physician's
knowledge of the person's medical history and condition,
that the person might benefit from the medical use of
marijuana to relieve pain or alleviate symptoms of the
person's condition;
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(3)
The person has disclosed to the physician that person's medical
use of marijuana; and
(4)
The person is under the continuing care of the physician. [IB
1999, c. 1, §10 (new).]
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B. A
person under 18 years of age may lawfully possess a usable amount of
marijuana for medical use if:
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(1)
The person meets the requirements of paragraph A, subparagraphs
(1) to (4); and
(2)
The person:
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(a)
Has available a signed written authorization from that
person's parent or legal guardian consenting to that
person's medical use of marijuana; or
(b)
Is a minor who is entitled to give consent to all medical
and other health care services pursuant to Title 22,
section 1503. [IB 1999, c. 1, §10 (new).]
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C.
Notwithstanding any other provision of law, a designated care giver may
lawfully possess a usable amount of marijuana for medical use by an
eligible patient if the designated care giver is acting within the scope
of the designated care giver's duties to the eligible patient. [IB 1999,
c. 1, §10 (new).]
D.
The fact that a person produces documentation described in paragraph A
does not constitute a waiver of the physician-patient privilege in any
other respect. [IB 1999, c. 1, §10 (new).]
E. A
physician who, in the context of a bona fide physician-patient
relationship, advises a patient that the patient might benefit from the
medical use of marijuana may not be deemed to have violated any provision
of Title 32, section 2591-A, subsection 2 or section 3282-A, subsection 2.
[IB 1999, c. 1, §10 (new).]
F.
Notwithstanding the provisions of paragraph A, medical use of marijuana by
an eligible patient is not authorized by this section if such use occurs
in a public place or in a workplace where such use is not permitted. [IB
1999, c. 1, §10 (new).]
[IB 1999,
c. 1, §10 (new).]
Other
laws:
Property
not subject to forfeiture.
5821-A. Property not subject to forfeiture based on medical use of
marijuana
Beginning January 1, 1999, property is not subject to forfeiture under
this chapter if the activity that subjects the person's property to
forfeiture is possession of marijuana and the person meets the
requirements for medical use of marijuana under Title 22, section 2383-B,
subsection 5. [IB 1999, c. 1, §3 (new).]]
May
use medical marijuana-related paraphernalia.
1111-A. Sale and use of drug paraphernalia
1. As used in this section the term "drug paraphernalia" means
all equipment, products and materials of any kind that are used or
intended for use in planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, packaging, repackaging, storing,
containing, concealing, injecting, ingesting, inhaling or otherwise
introducing into the human body a scheduled drug in violation of this
chapter or Title 22, section 2383, except that this section does not
apply to a person who is authorized to possess marijuana for medical use
pursuant to Title 22, section 2383-B, subsection 5, to the extent the drug
paraphernalia is required for that person's medical use of marijuana
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