Section 19-24.1-33 - LimitationsThis chapter does not authorize a person to engage in, and does not prevent the imposition of any civil liability or criminal liability or other penalties for engaging in the following conduct:
1. Undertaking an activity under the influence of marijuana if doing so would constitute negligence or professional malpractice.2. Possessing or consuming usable marijuana:a. On a school bus or school van that is used for school purposes;b. On the grounds of any public or private school;c. At any location while a public or private school sanctioned event is occurring at that location;d. On the grounds of a correctional facility; or e. On the grounds of a child care facility or licensed home day care, unless authorized under rules adopted by the department.3. Undertaking any activity prohibited by section 23-12-09, 23-12-10, 23-12-10.2, 23-12-10.4, 23-12-10.5, or 23-12-11.4. Using a combustible delivery form of usable marijuana or vaporizing usable marijuana under this chapter if the smoke or vapor would be inhaled by a minor who is not the registered qualifying patient for whom the usable marijuana is intended.5. Operating, navigating, or being in actual physical control of a motor vehicle, aircraft, train, or motorboat, while under the influence of marijuana. However, a registered qualifying patient may not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana that appear in insufficient concentration to cause impairment.Amended by S.L. 2021, ch. 352 (HB 1247),§ 97, eff. 9/1/2022.Added by S.L. 2017, ch. 171 (SB 2344),§ 1, eff. 4/18/2017.