[§329-125]  Protections afforded to aqualifying patient or primary caregiver.  (a)  A qualifying patient or theprimary caregiver may assert the medical use of marijuana as an affirmativedefense to any prosecution involving marijuana under this [part] or chapter712; provided that the qualifying patient or the primary caregiver strictlycomplied with the requirements of this part.

(b)  Any qualifying patient or primarycaregiver not complying with the permitted scope of the medical use ofmarijuana shall not be afforded the protections against searches and seizurespertaining to the misapplication of the medical use of marijuana.

(c)  No person shall be subject to arrest orprosecution for simply being in the presence or vicinity of the medical use ofmarijuana as permitted under this part. [L 2000, c 228, pt of §2]