Qualified Patient’s Bill of Rights

19 V.I.C. § 783 — under The Virgin Islands Cannabis Use Act.

19 V.I.C. § 783

(a) Activities related to medicinal use Cannabis are unlawful unless they are conducted in accordance with this chapter.

(b) In accordance with the rights and limitations set forth in this chapter, a Qualified Patient, Designated Caregiver, or the parent or legal guardian of a Qualified Patient under 21 years of age, shall not be denied any right or privilege, or be subject to arrest, prosecution, or penalty in any manner, including any civil penalty or disciplinary action by a court or occupational or professional licensing board for:(1) The possession, use, display, transport, process, or transfer of Cannabis Items or;(2) The manufacturing of Cannabis into Cannabis Concentrate or Cannabis Items without the use of solvents and in a manner, that does not pose harm to others.

(1) The possession, use, display, transport, process, or transfer of Cannabis Items or;

(2) The manufacturing of Cannabis into Cannabis Concentrate or Cannabis Items without the use of solvents and in a manner, that does not pose harm to others.

(c) Possession of, or application for, a Medical Cannabis Certification or Medical Cannabis Patient Card pursuant to this chapter does not alone constitute probable cause or reasonable suspicion, nor shall it be used to support a search of the person or property of the holder of a Medical Cannabis Certification or Medical Cannabis Patient Card, or otherwise subject the person or property of the person to inspection by any governmental agency.

(d) Possession, use, display, transport, process, or transfer of Cannabis Items or Cannabis Paraphernalia by a Qualified Patient does not alone constitute probable cause or reasonable suspicion, nor shall it be used to support a search of the person or property of the holder of a Medical Cannabis Certification or Medical Cannabis Patient Card, or otherwise subject the person or property of the person to inspection by any governmental agency.

(e) No landlord may refuse to lease to, and may not otherwise penalize, a person solely for the person’s status as a Qualified Patient unless failing to do so would violate federal law or regulations or cause the landlord to lose a monetary or licensing-related benefit under federal law or regulations. A landlord may not be penalized or denied any benefit under territorial law for leasing to a Qualified Patient. No landlord shall be penalized for seeking a smoke-free environment in such leased premises.

(f) No school may refuse to enroll, or otherwise penalize, a person solely for his or her status as a Qualified Patient unless failing to do so would cause it to lose a monetary or licensing-related benefit under federal law or regulations. No school may be penalized or denied any benefit under territorial law for enrolling a Qualified Patient.

(g) A Qualified Patient who is a student may not possess or self-administer Cannabis Items on school grounds, upon a school bus, or at any school-sponsored event, except that a parent, guardian, or Designated Caregiver, or a practitioner, or nurse practitioner approved by the student’s parent or guardian, may possess and administer Cannabis Items in a non-smokable form to a Qualified Patient upon the grounds of the school in which the student is enrolled, or upon a school bus or at a school-sponsored event. The parent, guardian, school nurse, practitioner, or nurse practitioner may not administer the non-smokable Cannabis in a manner visible to other students, that creates a disruption to the educational environment, or that causes exposure to other students.

(h) A school may not deny eligibility to attend school to a student who holds a Medical Cannabis Certification because the student requires Cannabis Items in a non-smokable form as a reasonable accommodation necessary for the child to attend school.

(i) This section does not apply to a school if:(1) The school loses federal funding as a result of implementing this section;(2) The school can reasonably demonstrate that it lost federal funding because of implementing this section; and(3) The school posts on its website in a conspicuous place a statement regarding its decision not to comply with this section.

(1) The school loses federal funding as a result of implementing this section;

(2) The school can reasonably demonstrate that it lost federal funding because of implementing this section; and

(3) The school posts on its website in a conspicuous place a statement regarding its decision not to comply with this section.

(j) No employer is required to allow the consumption of Cannabis in any workplace or to allow any employee to work while under the influence of Cannabis. Similarly, a Qualified Patient may not be protected from sanctions for engaging in activities under the influence of Cannabis in a manner that is a violation of the Qualified Patient’s Medical Cannabis Certification. However, a registered Qualified Patient may not be considered under the influence of Cannabis solely because of the presence of metabolites or components of Cannabis that appear in sufficient concentration to cause impairment.

(k) For the purposes of providing medical care, including organ and tissue transplants, a Qualified Patient’s use of Cannabis Items pursuant to this chapter is considered the equivalent of the authorized use of any other medication used at the discretion of a practitioner and does not constitute the use of an illicit substance or otherwise disqualify a Qualified Patient from receiving or being eligible to receive needed medical care.

(l) A person may not be denied custody of, or visitation rights, or parenting time with a minor for the person’s status as a Qualified Patient, and there may be no presumption of neglect or child endangerment for conduct allowed under this chapter unless the person’s behavior is such that it creates an unreasonable danger to the safety of the minor as established by clear and convincing evidence.

(m) An employer is not required to permit or accommodate conduct otherwise allowed by this chapter in the workplace or on the employer’s property. An employer may discipline an employee for violation of a workplace drug policy or for working while under the influence of Cannabis. An employer may discharge, discipline, or otherwise take adverse employment action against a person with respect to tenure, terms, conditions, or privileges of employment because of that person’s violation of a workplace drug policy during work hours or in the workplace.