34-20G-18Unauthorized conduct.

This chapter does not authorize any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalty for engaging in, the following conduct:

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

(2)    Possessing cannabis or otherwise engaging in the medical use of cannabis in any correctional facility;

(3)    Smoking cannabis:

(a)    On any form of public transportation; or

(b)    In any public place or any place that is open to the public;

(4)    Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, train, or motorboat while under the influence of cannabis, except that a registered qualifying patient or nonresident cardholder is not considered to be under the influence of cannabis solely because of the presence of metabolites or components of cannabis that appear in insufficient concentration to cause impairment.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.