o affect, interfere with, or impede any governmental restriction or requirement on employment or contract formation, including, but not limited to, regulations adopted by the United States Department of Transportation in Title 49, Code of Federal Regulations;
o the right to permit, approve, or justify any person to initiate or take legal action against an employer for suspending the recruitment, dismissal, discipline or other prejudicial employment action against any person with respect to recruitment, dismissal, employment, conditions, Conditions or privileges of employment due to the individual’s medicinal use of medicinal cannabis;
o influencing, changing or otherwise affecting the employee compensation bonus discounts granted to employers who set up a drug-free workplace program in accordance with Section 71-3-201 et seq .;
o affect, alter, or otherwise affect the employer’s right to refuse or assert legal claims against an employee for a positive drug test or refusal to undergo or cooperate with a drug test, as set out in Section 71-3-7 and section 71-3-121 provided; or
o An obligation or condition that imposes, modifies, or replaces a probation officer, probation officer, or person participating in a pre-trial distraction program or other court-ordered drug abuse rehabilitation program.
– This chapter does not authorize anyone to participate in the following acts, and this chapter does not prevent the imposition of penalties for the commission of the following conduct:
o negligent, grossly negligent, reckless action, violation of an applicable professional or professional standard of care or willful injustice as a result of the medical use of cannabis by that person in whole or in part;
o possession of medical cannabis or otherwise participating in the medical use of medical cannabis in a correctional facility, unless the correctional facility has decided to allow the cardholder to use medical cannabis;
o Smoking medical cannabis in a public place;
o Operating, navigating or actual physical control over a motor vehicle, airplane, train,
Motorboat or any other form of transportation in any manner that would violate Section 59-23-7 (Boating under the influence), Section 63-11-30 (Driving under the influence), or federal law as a result of any or all of the use of medical cannabis by these Person;
o possession of medicinal cannabis in excess of the permitted amount of cannabis;
o Consumption of cannabis made available to a registered person by a registered caregiver
Section 8 – Discrimination Prohibited
- – A school or landlord cannot refuse to register for the use of cannabis for medicinal purposes or to rent it to an individual.
- – A person cannot be denied custody or visiting rights for the use of cannabis for medicinal purposes.
- – The right to own, buy or own a firearm is not denied.
- – Institutions such as schools and day-care centers are allowed to administer medical cannabis as in the same case
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- – Nothing in this law is to be interpreted in such a way that an employee has a private right of action against a
- – Nothing in this law is to be interpreted in such a way that it is the existing legal relationship between an employer and
Employees or any existing law or regulation relating to this relationship.
Section 9 – Adding Debilitating Diseases