(a) Except as otherwise provided herein, a qualified patient may assert the medicinal purpose for using Cannabis as a defense to any prosecution involving Cannabis, and the 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 Qualified Patient’s medical history and current medical condition made in the course of a Bona Fide Practitioner-Patient Relationship, the patient has a debilitating Qualifying Medical Condition and the potential benefits of using Cannabis for medicinal purposes would likely outweigh the health risks for the qualified patient;(2) The qualified patient, if issued a valid Medical Cannabis Patient Card by the OCR, was in possession of not more than 4.0 ounces of Cannabis, the amount of Cannabis products is within the limits allowed by OCR regulations; and(3) The qualified patient was engaged in the acquisition, possession, use, manufacture, or transportation of Cannabis, paraphernalia, or both, relating to the administration of Cannabis to treat or alleviate the Qualified Patient’s debilitating Qualifying Medical Condition or symptoms associated with the Qualified Patient’s debilitating Qualifying Medical Condition.
(1) A practitioner has stated that, in the practitioner’s professional opinion, after having completed a full assessment of the Qualified Patient’s medical history and current medical condition made in the course of a Bona Fide Practitioner-Patient Relationship, the patient has a debilitating Qualifying Medical Condition and the potential benefits of using Cannabis for medicinal purposes would likely outweigh the health risks for the qualified patient;
(2) The qualified patient, if issued a valid Medical Cannabis Patient Card by the OCR, was in possession of not more than 4.0 ounces of Cannabis, the amount of Cannabis products is within the limits allowed by OCR regulations; and
(3) The qualified patient was engaged in the acquisition, possession, use, manufacture, or transportation of Cannabis, paraphernalia, or both, relating to the administration of Cannabis to treat or alleviate the Qualified Patient’s debilitating Qualifying Medical Condition or symptoms associated with the Qualified Patient’s debilitating Qualifying Medical Condition.
(b) The defense and motion to dismiss may not prevail if the prosecution proves that:(1) The qualified patient had a Medical Cannabis Patient Card revoked for misconduct; or(2) The purposes for the possession or cultivation of Cannabis were not solely for palliative or therapeutic use by the qualified patient with a debilitating Qualifying Medical Condition who raised the defense.
(1) The qualified patient had a Medical Cannabis Patient Card revoked for misconduct; or
(2) The purposes for the possession or cultivation of Cannabis were not solely for palliative or therapeutic use by the qualified patient with a debilitating Qualifying Medical Condition who raised the defense.
(c) If a qualified patient demonstrates the individual’s medicinal purpose for using Cannabis, the qualified patient is not subject to the following:(1) disciplinary action by an occupational or professional licensing board or bureau; or(2) forfeiture of any interest in or right to any property other than Cannabis.
(1) disciplinary action by an occupational or professional licensing board or bureau; or
(2) forfeiture of any interest in or right to any property other than Cannabis.