Sec. 10.62.30.05. Attestation by Qualifying Patient or Caregiver  


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  • A. Before medical cannabis is dispensed, either in person or by delivery, a qualifying patient or caregiver shall attest that the qualifying patient or caregiver understand that the qualifying patient and caregiver are not immune from the imposition of any civil, criminal, or other penalties for the following:

    (1) Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, or boat while under the influence of medical cannabis;

    (2) Smoking medical cannabis in any public place;

    (3) Smoking medical cannabis in a motor vehicle; or

    (4) Undertaking any task under the influence of medical cannabis, when doing so would constitute negligence or professional malpractice;

    (5) Smoking medical cannabis on a private property that:

    (a) Is rented from a landlord; and

    (b) Is subject to a policy that prohibits the smoking of medical cannabis or marijuana on the property; or

    (6) Smoking medical cannabis on a private property that is subject to a policy that prohibits the smoking of medical cannabis on the property of an attached dwelling adopted by:

    (a) The board of directors of the council of unit owners of a condominium regime; or

    (b) The governing body of a homeowners association.

    B. As used in §A(5) and (6) of this regulation, vaporization of medical cannabis is not smoking.

    C. Before medical cannabis is dispensed, a qualifying patient or caregiver shall attest that the qualifying patient or caregiver understands that:

    (1) The qualifying patient or caregiver shall:

    (a) Keep all medical cannabis away from children other than the qualifying patient; and

    (b) Take steps to prevent children from obtaining or using medical cannabis;

    (2) It is illegal to transfer medical cannabis to any person, other than the transfer by a caregiver to a qualifying patient;

    (3) Obtaining medical cannabis does not exempt a qualifying patient or caregiver from prosecution under Federal law and the penalties provided by Federal law;

    (4) Scientific research has not established the safety of the use of medical cannabis by pregnant women; and

    (5) The use of medical cannabis to treat a medical condition is not approved by the U.S. Food and Drug Administration.